Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:130575 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22414 of 2025 Applicant :- Susheel Sachan Opposite Party :- State of U.P. Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Hari Nath Chaubey, learned counsel for the applicant and 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, Susheel Sachan, seeking enlargement on bail in Case Crime No. 76 of 2025, under sections 103 (1) of BNS, Police Station-Ghatampur, District-Kanpur Nagar.
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 20.03.2025.
Learned counsel for the applicant submits that First Information Report was lodged on 11.03.2025, against unknown person, by the first informant with the allegation that in the evening of 10.03.2025 his father went to Korinya Chauraha but he could not returned back. On 11.03.2025 on an information the first informant went to the place of incident where body of the deceased was lying kept with injuries over the face and head. Learned counsel for the applicant submits that the applicant was not named in the First Information Report. Name of the applicant has been surfaced in the statement of witnesses namely Awadhesh Shukla and Pawan with the allegation that the applicant and other persons were consuming alcohol and the deceased was also going in the same direction and if asked from them something with regard to incident find out. Learned counsel for the applicant further submits that there is contradiction in the First Information Report and statement of the first informant. The applicant has no criminal antecedent 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant but could not dispute the fact that the applicant has no criminal antecedent. 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, Susheel Sachan, 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 :- 4.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad