Allahabad High Court
SUGREEV KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail to the applicant, finding a prima facie case for release.
Summary
The applicant, Sugreev Kumar, was arrested in connection with Crime No.168 of 2025 under Sections 103 and 238A of the Indian Penal Code, alleged to have been implicated by an informant present at a cremation. The applicant contended that he is innocent, the FIR lacks specific date and time details, and the informant, who was examined as PW‑1, turned hostile during trial. The State opposed bail but could not refute the applicant's clean criminal record or the hostile turn of the key witness. The Court examined the material on record, noting the absence of criminal antecedents and the informant's hostile stance, and concluded that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions to prevent tampering with evidence, intimidation of witnesses, and to ensure appearance in court. The order expressly stated that the bail decision would not prejudice the trial judge’s independent assessment of the case.
Issues considered
- Whether the applicant is entitled to bail under Sections 103 and 238A IPC given the informant's hostile testimony and lack of criminal antecedent.
Legislation cited
- Indian Penal Code — s. 103, 238A
Subjects
- bail
- criminal procedure
- hostile witness
- false implication
- Section 103 IPC
- Section 238A IPC
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35590 of 2025
Sugreev Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh, Mohan Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sr. No.++ out of 150)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard 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.
3. Applicant 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.
4. Learned 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.
5. Learned 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.
6. It 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
BAIL No. 35590 of 2025
2
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.
7. Per 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.
8. Considering 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.
9. Let 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.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It 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.
(Krishan Pahal,J.)
March 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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