PANKAJ CHAURASIYA v. STATE OF U.P. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/8895/2025 · 2025-09-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165124 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165124 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8895 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Mohammad Salman, learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 152 of 2025, under Sections 303(2), 317(2), 317(3), 317(4) B.N.S., registered at Police Station P.G.I., District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 28.03.2025 stating that the applicant was apprehended on the basis of suspicion and he could not produce any documents regarding motorcycle which he was driving. The applicant confessed that the motorcycle was stolen, however, F.I.R. itself states that no F.I.R. was lodged regarding theft of the motorcycle recovered from the applicant. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. A supplementary affidavit has been filed disclosing the applicant's involvement in five other criminal cases, in one of which closure report has been submitted and in rest four cases the applicant has been granted bail. 5. The learned Additional Government Advocate appearing on behalf Versus Counsel for Applicant(s) : Mohammad Salman, Aashish Kumar Chaurasia, Anuj Kumar Mishra, Bhanu Pratap Kushwaha Counsel for Opposite Party(s): G.A. Pankaj Chaurasiya .....Applicant(s) State Of U.P. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. itself states that no F.I.R. has been lodged in respect of the theft of motorcycle recovered from the applicant; that the alleged recovery has not been witnessed by any person; that the applicant he is languishing in jail since 28.03.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7.
7. Accordingly, this bail application stands allowed. 8. Let the applicant-Pankaj Chaurasiya be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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, unless his appearance is exempted by the learned trial court. September 17, 2025 Ram. BAIL No. 8895 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench