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2025 DAILYLAW 48042 (ALL)

SARVAJEET SINGH v. STATE OF U.P.

BAIL/13905/2025 · 2025-05-22

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87872 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13905 of 2025 Applicant :- Sarvajeet Singh Opposite Party :- State of U.P. Counsel for Applicant :- Avanish Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Avanish Tripathi, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist, for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sarvjeet Singh, seeking enlargement on bail in Case Crime No. 405 of 2024, under Sections 191 (2), 191 (3), 190, 109 (1), 351 (2)of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25(1-B)/27 of Arms Act, Police Station Dataganj, District Budaun. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.12.2024. Learned counsel for the applicant submits that no specific role has been assigned to the applicant. It is an outcome of cross case. One person from the side of the applicant has also received serious injuries in the said incident and he was admitted in the hospital for about 08 days. He has two cases criminal antecedent, which has sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Co-accused Bablu @ Devendra, Akhilesh and Surjeet, have been granted bail by this Court as well as by coordiante Bench of this Court in Criminal Misc. Bail Application Nos. 10490 of 2025, 5573 of 2025 and 13721 of 2025, vide orders dated 05.04.2025, 22.04.2025 and 25.04.2025. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Sarvejeet Singh, 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. 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 :- 23.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad