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2025 DAILYLAW 68537 (ALL)

SURAJPAL v. STATE OF U.P.

BAIL/22166/2025 · 2025-07-09

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109863 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22166 of 2025 Applicant :- Surajpal Opposite Party :- State of U.P. Counsel for Applicant :- Gufran Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Gufran Ahmad Khan, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA 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, Surajpal, seeking enlargement on bail in Case Crime No. 14 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2), 111 (2) (b) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kudhfatehgarh, District Sambhal. 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 11.2.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. The FIR has been lodged with the delay of 05 years. No explanation has been given. His name surfaced on record on the basis of statement of co-accused Karan Mishra. Learned counsel for the applicant submits that co-accused Karan Mishra has already been enlarged on bail by co-ordinate Bench of this Court on 18.6.2025 in Crl. Misc. Bail Application No. 20251 of 2025. Applicant has criminal history of 13 cases, which have 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. 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, Surajpal, 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 :- 10.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad