Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 110745 (ALL)

GOKUL SINGH ALIAS CHCHUNNA v. STATE OF U.P.

BAIL/46345/2024 · 2025-01-23

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:12039 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46345 of 2024 Applicant :- Gokul Singh Alias Chchunna Opposite Party :- State of U.P. Counsel for Applicant :- Hans Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ashish Goyal, learned counsel for the applicant, Sri Alok Sharma, 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, Gokul Singh Alias Chchunna, seeking enlargement on bail in Case Crime No. 154 of 2024, under Sections 190, 191(2), 193(3), 121(2), 135, 109(1), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and 3/5 Prevention of Damages to Public Property Act and 7 Criminal Law Amendment Act and 3(1), 58 Uttar Pradesh Sub-Mineral (Removal) Rules, 2021, Police Station- Kheragarh, District- Agra . Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 14.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the statement of the co-accused. No specific role has been assigned to the the applicant. Nothing incriminating has been recovered from the possession of the applicant. No useful purpose would be served by detaining the applicant. Learned counsel for the applicant submits that co-accused Mukesh Kumar Agarwal, Nemichandra have already been enlarged on bail by this Court on 2.12.2024 and 02.01.2025 in Criminal Misc. Bail Application No. 38235 of 2024 and 44092 of 2024. Hence, bail has been prayed for. 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 case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Gokul Singh Alias Chchunna, 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. Order Date :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad