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2025 DAILYLAW 10644 (ALL)

MANOJ CHAUDHARY v. STATE OF U.P.

BAIL/2531/2025 · 2025-05-20

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85903 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2531 of 2025 Applicant :- Manoj Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Tripathi,Shashi Ranjan Srivastava,Vijaya Nand Maurya Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 650 of 2024, under Sections 140(1), 310(2) of B.N.S., 2023 Police Station - Vijay Nagar, District - Ghaziabad. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that co-accused, Manish Kasana, Surendra @ Saurabh @ Lucky and Rahul Kumar have already been granted bail by the co-ordinate Bench of this Court vide orders dated 31.01.2025, 13.05.2025 and 01.04.2025 passed in Criminal Misc. Bail Applications No. 776 of 2025, 5943 of 2025 and 4282 of 2025, and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 18.09.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard Sri Shashi Ranjan Srivastava, learned counsel for the applicant, Sri Yogendra Singh, learned AGA and perused the material available on record. 5. Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused, Manish Kasana, Surendra @ Saurabh @ Lucky and Rahul Kumar have already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Manoj Chaudhary, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) 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 the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad