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2025 DAILYLAW 77087 (ALL)

BHANWAR SINGH v. STATE OF U.P.

BAIL/25445/2025 · 2025-08-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144712 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25445 of 2025 Applicant :- Bhanwar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajkumar Verma Counsel for Opposite Party :- Dharmendra Pratap Singh,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajkumar Verma, learned counsel for the applicant, Shri Rajesh Kumar, learned AGA for the State, Shri D. P. Singh, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Bhanwar Singh, seeking enlargement on bail in Case Crime No. 118 of 2025, under Sections 108, 352, 131 of the Bharatiya Nyaya Sanhita, 2023, Police Station Ghazipur, District Fatehpur. 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 28.5.2025. Learned counsel for the applicant submits that there is five days delay in lodging the FIR. No explanation has been given for such delay. Deceased has not nominated the applicant for committing suicide. No suicide note whatsoever was recovered from the spot. As per FIR version, applicant's brother and mother had hurled abuses to the first informant's wife and got into a fight. He 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. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the factual aspect as pointed out by learned counsel for the applicant. 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, Bhanwar 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 :- 22.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad