Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 149835 (ALL)

HARIOM CHAURASIYA @ SHIVAM @ BAUWA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.

BAIL/6270/2025 · 2025-07-08

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:38650 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6270 of 2025 Applicant :- Hariom Chaurasiya @ Shivam @ Bauwa Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.447 of 2025, under Sections 191(2), 191(3), 109(1) BNS, P.S. Kotwali Sadar, District Lakhimpur Kheri. In the prosecution case, it is alleged that while the informant was working at Janta Dhaba on 26.05.2025 in the night at about 11:30 hours and was doing duty on the counter in the night around 02:00 am, the named accused persons along with 7-8 unknown persons armed with weapons came and tried to snatch the rupees from the informant. Upon resistance given by the informant, he was badly beaten by lathi and sharp edged weapons with an intent to kill due to which he suffered grievous injury on the head and become unconscious. Learned counsel for the applicant submits that the role assigned to the applicant is general in nature. The injured in his statement has also assigned general role to the applicant. The injured has received two injuries one is lacerated wound on the scull and second is abrasion on the forearm. He submits that co-accused Amit Mathur @ Manni and Nirbhay Pratap Singh alias Deva Thakur have been granted regular bail by Co-ordinate Bench of this Court vide orders dated 25.06.2025 & 26.06.2025 passed in Criminal Misc. Bail Application Nos.5640 of 2025 & 5683 of 2025 respectively. Applicant claims parity. He submits that the applicant is in jail since 29.05.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 29.05.2025, role assigned to the applicant, bail orders of the co-accused persons namely Amit Mathur @ Manni and Nirbhay Pratap Singh alias Deva Thakur (supra), charge-sheet has been filed and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Hariom Chaurasiya @ Shivam @ Bauwa be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 BNS. Order Date :- 8.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench