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2025 DAILYLAW 87901 (ALL)

SUKHVEER v. STATE OF U.P.

BAIL/28772/2025 · 2025-09-11

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28772 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. List has been revised. No one put in appearance on behalf of the first informant. Heard Shri Rakesh Kumar Srivastava, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A for the State and perused the record. The present bail application has been filed by the applicant Sukhveer with a prayer to enlarge him on bail in Case Crime No.122 of 2025, under Sections 103 (2), 352 & 115 (2) B.N.S., Police Station-Sidhpura, District- Kasganj, during pendency of trial. Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 05.05.2025. Learned counsel for the applicant submits that First Information Report was lodged on 20.04.2025 by the first informant with the allegation that on the date of incident i.e. 19.04.2025 some dispute occurred between the father of the first informant namely Tej Singh and all the accused persons, including the applicant, in which all the accused persons started pelting stones over Tej Singh, Prempal and Bharat Singh, due to which, the father of the applicant Tej Singh, Prempal and Bharat Singh, sustained severe injuries and during treatment Tej Singh died. Learned counsel for the applicant submits that general role has been assigned to the applicant. No specific role has been assigned to the applicant. Nothing incriminating has been recovered from the possession or on pointing out of the applicant. Co-accused Sarvendra, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 28343 of 2025, vide order dated 9th September, 2025. Applicant has no criminal antecedents 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. Versus Counsel for Applicant(s) : Rakesh Kumar Srivastava, Satyawati Counsel for Opposite Party(s) : G.A., Vijay Prakash Singh Kushwaha Sukhveer .....Applicant(s) State of U.P. .....Opposite Party(s) Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid facts. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Sukhveer, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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 12, 2025 Deepak/ BAIL No. 28772 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad