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2025 DAILYLAW 38527 (ALL)

SUBODH @ SANTOSH TYAGI v. STATE OF U.P.

BAIL/11619/2025 · 2025-04-28

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:68774 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11619 of 2025 Applicant :- Subodh @ Santosh Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Purushottam Maurya, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Subodh @ Santosh Tyagi, seeking enlargement on bail in Case Crime No. 0022 of 2025, under Section 109 BNS and Section 4/25 Arms Act, Police Station Sayana, District Bulandshahr. 3. The allegation made in the FIR is that the applicant attacked the complainant by knife and caused several injuries on the body of the complainant in the campus of village court on 22.01.2025 and he was caught by other advocates present on the spot and handed over to the police. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 22.01.2024. He has criminal antecedent of two case, which has been explained in para 27 of the affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the injured was medically examined, he has received five injuries which are simple in nature except injury no. 2 and 5 which is caused by sharp edged weapon and injury nos. 1, 3 and 4 caused by some hard and blunt object. There is no independent witness of the alleged incident which corroborates the incident. The applicant has been falsely implicated in false criminal cases in order to harass him not to do pairvi of the pending civil cases. The investigation is still pending and no charge sheet has been filed till date. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Subodh @ Santosh Tyagi, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 29.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad