Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 12447 (ALL)

PRABHAKAR KUMAR ALIAS CHIKOO v. STATE OF U.P.

BAIL/3296/2025 · 2025-03-23

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:42882 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3296 of 2025 Applicant :- Prabhakar Kumar Alias Chikoo Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Upadhyay,Sudhir Kumar Pathak Counsel for Opposite Party :- Amarnath Tripathi,G.A. Hon'ble Deepak Verma,J. 1. Heard Sri S. K. Pathak, learned counsel for the applicant, Sri Gaurav Mishra, holding brief of Sri Amarnath Tripathi, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 63 of 2024, registered under Section 467 I.P.C. (In added Section), Police Station Cyber Thana, District Varanasi, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Earlier applicant was granted bail by co-ordinate Bench of this Court vide order dated 19.03.2025 in Sections 417, 420, 120-B, 465, 468, 471, 411 I.P.C. and Section 66-C, 66-D, 74 of I.T. Act. During investigation, Section 467 I.P.C. has been added, hence, the present bail application. Applicant, after getting bail, did not misuse the bail granted to him. Applicant claims parity with co-accused, Saurav Kumar, who has been granted bail by co-ordinate Bench of this Court vide order dated 19.03.2025 including section 467 I.P.C. The applicant is languishing in jail since 22.07.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. 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 accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Prabhakar Kumar @ Chikoo, who is involved in the aforesaid 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad