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2025 DAILYLAW 162530 (ALL)

DEENANATH CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8448/2025 · 2025-09-09

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8448 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Surya Kumar, the learned counsel for the applicant, Sri Mayank Sinha, the learned A.G.A. for the State and Sri Manish Kumar Tripathi, the learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0061 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2), 317(2) B.N.S, registered at Police Station Khargupur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.04.2025 against nine named persons including the applicant, two unknown persons, stating that the applicant and co-accused Shashank Tiwari had introduced the informant to one Malti Devi for purchasing a plot of land, all the accused persons extracted Rs. 43 Lakhs from the informant but no sale deed was executed in his favour but later on, it transpired that the alleged seller Malti Devi, was an imposter. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in two other criminal cases has been disclosed in paras 28 and 29 of the affidavit, in one of which, the applicant has been released bail and in the other case, the investigation is still going on. 5. The learned counsel for the applicant has submitted that all the other Versus Counsel for Applicant(s) : Surya Kumar, Pushpendra Kumar Counsel for Opposite Party(s) : G.A. Deenanath Chauhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) named accused persons have already been granted bail and their bail orders have been annexed as Annexure Nos. 10 to 18 of the affidavit filed in support of the bail application. 6. The learned A.G.A. as well as the learned counsel for the complainant have opposed the bail application but they could not dispute the fact that all the other accused persons have been granted bail. 7. Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Deenanath Chauhan be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 9, 2025 Preeti. BAIL No. 8448 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench