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2025 DAILYLAW 75632 (ALL)

SATYAPAL v. STATE OF U.P.

BAIL/24964/2025 · 2025-09-09

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24964 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Shivam Verma, 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, Satyapal, seeking enlargement on bail in Case Crime No. 464 of 2024, under Sections 302, 34, 120-B, 201 of IPC, Police Station Tilhar, District Shahjahanpur. 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 26.8.2024. Learned counsel for the applicant submits that FIR has been lodged with the delay of 38 days. The deceased died due to train accident There is no eye witness murdering the deceased. Learned counsel for the applicant submits that co-accused Tinku has already been enlarged on bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 645 of 2025 on 21.4.2025. He has one case of 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail, but could not dispute the aforesaid fact. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting Versus Counsel for Applicant(s) : Shivam Verma Counsel for Opposite Party(s) : G.A. Satyapal .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Satyapal, 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. September 10, 2025 Ravi Prakash BAIL No. 24964 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad