Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:88569 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41907 of 2024 Applicant :- Pintu Chudhary Opposite Party :- State of U.P. Counsel for Applicant :- Abhijeet Mukherji Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Abhijeet Mukherji and Mohit Sharan Tomar, learned counsels for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0741 of 2022, under Sections 419, 420, 467, 468, 471, 274, 304, 120-B IPC, Police Station- Dhumanganj, District- Prayagraj, during pendency of the trial in the court below. 3. Learned counsels for the applicant submitted that FIR of the present case was lodged on 21.10.2022 against co-accused Satish Sahu, his father and doctor and employees of Global Hospital with the allegation that due to fake platelets given to the husband of the informant, he died but during investigation, after two years, applicant has also been made accused in the present matter through the statement of co-accused. 4. They further submitted that except the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 5. They further submitted that even all the co-accused persons have already been released on bail. 6. They further submitted that applicant is not having any criminal history and he is in jail in the present matter since 26.08.2024 i.e. for last more than eight months. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that except the statement of co-accused and confessional statement of the applicant before the police, it appears, there is no other evidence against the applicant on record and applicant is not having any criminal history and he is in jail in the present matter for last more than eight months and all the other co-accused persons have already been released on bail, in my view applicant is entitled to be released on bail. 10.
10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Pintu Chudhary be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad