Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26411 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Kabeer Tiwari, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State, Shri Bipin Kumar, 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, Sushil Singh, seeking enlargement on bail in Case Crime No. 106 of 2025, under Sections 191 (2), 115 (2), 352, 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Chandauli, District Chandauli, during the pendency of the trial before the Court below. 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 21.5.2025. Learned counsel for the applicant submits that FIR has been lodged with omnibus allegation. In the statement of first informant, general allegation has been levelled against the applicant. No specific allegation has been levelled against the applicant. Applicant side has also received injuries in the scuffle. Present case is an outcome of cross case. 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. Versus Counsel for Applicant(s) : Kabeer Tiwari Counsel for Opposite Party(s) : Bipin Kumar, G.A., Mohd. Naushad Siddiqui Sushil Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
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, Sushil 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. September 22, 2025 Ravi Prakash BAIL No. 26411 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad