Allahabad High Court
SAUD ALIAS HATELAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court allowed the bail application, granting bail to the accused with conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Saud alias Hatela, who was in custody since July 15, 2025 for offences under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 109(1) and 308(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed innocence, argued that the charge‑sheet had already been filed and that no further custodial interrogation was required, and pointed to his existing bail in two other cases. The State opposed bail, citing the seriousness of the charges and risk of witness tampering. After weighing the nature of the accusations, the severity of possible punishment, and the possibility of evidence tampering, the court found a case for bail existed and granted the application subject to personal bond, sureties and strict conditions. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the seriousness of the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether there is a reasonable risk of the accused tampering with evidence or intimidating witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 190, 191(2), 191(3), 308(2), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- witness tampering
- conditions of bail
- Indian criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29673 of 2025
Saud Alias Hatela
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Jeet Upadhyay, Araf Khan,
Sonakshi Arora
Counsel for Opposite Party(s) : Ch. Dil Nisar, G.A., Rahul Gaur
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Case called out in the revised list.
Heard Shri Amar Jeet Upadhyaya, learned counsel for the applicant, Shri
Arimardan Yadav, learned AGA for the State-respondents and perused the
record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, seeking
enlargement on bail in Case Crime No. 186 of 2025, under Sections 191(2),
191(3), 190, 115(2), 352, 351(2), 109(1), 308(2) of the Bharatiya Nyaya
Sanhita, 2023, Police Station Civil Lines, District Aligarh during the
pendency of the trial before the Court below.
Learned counsel for the applicant submitted that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is contended that the applicant has been languishing in jail
since 15.07.2025.
Learned counsel further submits that the charge-sheet has already been
filed against the applicant on 19.07.2025 and, therefore, no further
custodial interrogation is required. As per injury report, injuries received
to the injured are on non-vital part of the body. It is also submitted that
the applicant has a criminal history of two cases, which has been duly
explained in paragraph no. 2 of the supplementary affidavit, and in both
BAIL No. 29673 of 2025
2
the cases, the applicant is already on bail. The bail orders have been
annexed as Annexure No. SA-1 to the supplementary affidavit. It is
contended that there is no likelihood of the applicant absconding or
tampering with evidence in case he is released on bail. Accordingly, it is
prayed that the applicant be enlarged on bail.
Learned AGA has vehemently opposed the prayer for bail.
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, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Saud @ Hatela, 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.
(Ashutosh Srivastava,J.)
April 20, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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