Allahabad High Court
NITIN @ SONU CHILLARversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Nitin @ Sonu Chillar, who was not named in the FIR but was alleged to have been present at the scene of a homicide. The applicant argued that he had no active role in the assault, had no criminal record, and that co‑accused had already been granted bail. The State opposed, alleging his involvement in a conspiracy. Relying on Supreme Court precedent (Kapil Wadhawan v. CBI) and the Court’s own guidelines (Maya Tiwari v. State of U.P.) regarding bail, the judge held that the applicant was entitled to bail. Accordingly, the court ordered his release on personal bond with conditions, without expressing any view on the merits of the case.
Issues considered
- Whether the applicant, who is not named in the FIR but was present at the scene, is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the alleged conspiracy and presence at the crime scene justify denial of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- conspiracy
- presence at crime scene
- overcrowded jails
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42888 of 2025
Nitin @ Sonu Chillar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Quasim Khan, Shams Uz Zaman
Counsel for Opposite Party(s) : Birendra Singh Khokher, G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Mohd. Yasir, Advocae, holding brief of Sri Shams Uz Zaman,
learned counsel for the applicant, Sri Shiv Dutt Shukla, learned AGA for the
State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer
to release him on bail in Case Crime No. 210 of 2024 under Sections 103(1),
109, 61(2) BNS, registered at Police Station Chandinagar, District Baghpat
during pendency of the trial.
3. It is contended by learned counsel for the applicant that applicant is not
named in the FIR and his name has surfaced during investigation in the
statements of eye witnesses in which no active role of assault has been
assigned to the applicant and he has only been shown to be present at the
place of occurrence along with other accused persons. It is next submitted
that the deceased is said to have received as many as eleven ante mortem
injuries on his person including some entry and exit wounds of gunshot. It is
further submitted that some of the similarly placed co-accused persons
Sanjay @ Pintu, Subhash Dhaka and Monu Tyagi have already been granted
bail by different Co-ordinate Benches of this Court. It is also submitted that
applicant, who has no criminal history, has been languishing in jail since
15.11.2024. It is lastly submitted that in case applicant is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial
proceedings.
BAIL No. 42888 of 2025
2
4. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant and submits that during investigation, it has surfaced that
applicant was involved in conspiracy of the alleged offence and the eye
witnesses have stated that he was present at the place of occurrence along
with other accused persons.
5. Applicant is not named in the FIR as per which, co-accused Gyanendra
and some other accused persons are said to have opened indiscriminate
firing on the deceased Praveen @ Babbu and they also assaulted him by one
harpali (axe like weapon) as a result of which, he received as many as eleven
injuries on his person including entry and exits wounds of gunshot and the
cause of his death has been shown as ante mortem injuries. During
investigation, the eye witnesses have stated that applicant was present at the
place of occurrence along with other accused persons and no active role of
assault has been assigned to him. Similarly placed co-accused persons
Sanjay @ Pintu, Subhash Dhaka and Monu Tyagi have already been granted
bail by different Co-ordinate Benches of this Court and the applicant, who
has no criminal history, has been languishing in jail since 15.11.2024.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of the accused and taking into account overcrowded
jails and heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC
OnLine SC 3038 as well as guideline of this Court in the case of Maya
Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding
grant of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
7. Let the applicant Nitin @ Sonu Chillar involved in the aforementioned
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, with the
following conditions:-
(i) The applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer
BAIL No. 42888 of 2025
3
or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the bond
executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted. Verification
of mobile number and Aadhaar card of the applicant as well as sureties
should be verified by the court concerned.
10. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
11. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24 hours
in compliance of the order of the Apex Court in the case of Policy Strategy
for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021
decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 29, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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