Sugreev Kumar v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35590 of 2025

Court No. - 66 (Sr. No.++ out of 150) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Amit Kumar Singh, learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.168 of 2025, under Sections 103, 238A I.P.C., Police Station Dhanghata, District Sant Kabir Nagar, during the pendency of trial.

¶4Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant has nothing to do with the said offence. The informant was present at the time of cremation and has falsely implicated the applicant in the FIR, which was instituted belatedly after the incident. No date and time of incident is mention in the FIR.

¶5Learned counsel for the applicant has further stated that the informant has been examined during trial as PW-1 and he has completely resiled from his earlier statements and has been cross-examined by the public prosecutor after declaring him hostile.

¶6It is further argued by learned counsel for the applicant that there is no likelihood of conviction of the applicant in the present case. There is no criminal antecedent of the applicant. The applicant is languishing in jail Versus Counsel for Applicant(s) : Amit Kumar Singh, Mohan Singh Counsel for Opposite Party(s) : G.A. Sugreev Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) since 22.4.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Per contra, learned State Law Officer has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that the informant has turned hostile during trial, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Sugreev Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. March 18, 2026 Vikas Verma BAIL No. 35590 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad