Allahabad High Court
UDAYVEERversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that bail should be granted to the accused subject to strict conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Code of Criminal Procedure on behalf of the accused, Udayveer, who was charged in Session Trial No. 7811 of 2024 with offences under Sections 307, 323, 504, 506 and 34 of the IPC and Sections 9, 25 and 27 of the Arms Act. The applicant’s counsel contended that he was falsely implicated, that key witnesses had turned hostile or gave no incriminating testimony, and that he had no prior criminal record or risk of fleeing. The State’s counsel opposed bail but did not refute the applicant’s submissions. The Court examined the nature of the accusations, the severity of potential punishment, and the possibility of evidence tampering, concluding that a prima facie case existed but that bail could be granted with conditions. Accordingly, the Court allowed the bail application, directing the applicant to execute a personal bond and provide two reliable sureties. The order imposed conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and required regular appearance before the trial court.
Issues considered
- Whether bail should be granted under Section 483 CrPC to an accused charged with non‑bailable offences under the IPC and Arms Act.
- Whether there is a risk of the accused tampering with evidence, intimidating witnesses, or fleeing from justice.
Legislation cited
- Arms Act — s. 25, 27, 9
- Code of Criminal Procedure, 1973 — s. 483
- Indian Penal Code — s. 307, 323, 34, 504, 506
Subjects
- bail
- non‑bailable offences
- IPC
- Arms Act
- prima facie case
- witness tampering
- flight risk
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23323 of 2024
Udayveer
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Divyansh Rai, Krishna Kant Dubey,
Premnendra Singh, Santosh Kumar
Dubey
Counsel for Opposite Party(s) : Abhishek Gupta, G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Ashutosh Mishra and Sri Divyansh Rai, learned counsel for the
applicant, Sri Arimardan Yadav, learned A.G.A for the State and Sri
Abhishek Gupta, learned counsel for the first informant and perused the
record of the case.
The present bail application under Section 483 B.N.S.S. has been filed on
behalf of applicant, Udayveer, with a prayer to release him on bail in Session
Trial No. 7811 of 2024 arising out of Case Crime No. 387 of 2023 , under
Sections 307, 323, 504, 506 & 34 I.P.C & Sections 9/25/27 of Arms Act,
Police Station Jewar, District Gautam Buddh Nagar.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number.
Learned counsel for the applicant submits that the PW-1 has been recorded
before the Trial Court and they turned hostile. He further submits that the
PW-2 has also been examined before the Trial Court but he did not say
anything against the applicant rather said that the applicant was not involved
in the mar-pit. He submits that the applicant is languishing in jail since
24.12.2023 and 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 counsel for the informant as well as learned AGA has vehemently
opposed the prayer for bail but could not dispute the aforesaid submission.
BAIL No. 23323 of 2024
2
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, Udayveer, 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.
February 4, 2026
Vinod.
(Ashutosh Srivastava, J.)
Digitally signed by :-
VINOD KUMAR JAISWAL
High Court of Judicature at Allahabad
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