VASEEM @ CHHOTKAU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/6702/2025 · 2025-07-22
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152535 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152535 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41767 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6702 of 2025 Applicant :- Vaseem @ Chhotkau Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar 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 accused-applicant seeks bail in Case Crime No.115 of 2025, under Sections 317(2), 317(4), 318(4), and 341(1) of the Bharatiya Nyaya Sanhita, Police Station Rupaidiha, District Bahraich.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is alleged that total 15 motorcycles were recovered from two accused persons, but there is no independent witness to the said recovery. The applicant is in judicial custody since
26.04.2025. It is further submitted that after his arrest in the present matter, he has also been falsely implicated in eight other cases. The alleged offences are triable by a Magistrate. Learned A.G.A. has opposed the bail prayer but could not dispute the factual submissions made on behalf of the applicant. I have considered the rival submissions and perused the material on record. Considering the facts that the applicant is in custody since 26.04.2025; the charge sheet has already been filed; the offences are triable by a Magistrate; and without expressing
any opinion on the merits of the case, I find it to be a fit case for grant of bail. Accordingly, the bail application is Allowed. Let the applicant Vaseem @ Chhotkau be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 229-A of the IPC (now Section 269 BNS).
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under
Section 82 Cr.P.C. (now 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 174-A of the IPC (now Section 209 BNS).
Order Date :- 22.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench