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2025 DAILYLAW 171959 (ALL)

DEEPAK CHAUDHARY v. STATE OF U.P.

BAIL/36616/2025 · 2025-10-26

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36616 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant and learned AGA for the State- respondent and perused the record. 2. This bail application has been moved on behalf of accused-applicant, Deepak Chaudhary seeking enlargement on bail in Case Crime No. 151 of 2025, under Sections 317(2), 317(4), 317(5), 318(4), 336(2), 336(3), 114(4) 3(5) of B.N.S., Police Station- Barla, District- Aligarh. 3. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the First Information Report. He further submitted that 3 motorcycles were recovered from the possession of the accused applicant but none of them were connected to the accused. There was no independent reliable witnesses of the alleged recovery in this case. He further submitted that co-accused persons Veeresh Kumar Alias Veeresh Yadav, Muveen Khan alias Mobin and Abid Khan have already been released on bail by the Coordinate Benches of this Court vide orders dated 08.10.2025,28.8.2025 and 07.10.2025 passed in Crl. Misc. Bail Application Nos. 30076 of 2025, 29695 of 2025 and 31561 of 2025 respectively. It is further submitted that the applicant has criminal history of two cases to his credit which has been explained in paragraph no. 14 of the affidavit filed in support of bail application. He has been falsely implicated in this very case crime number and is languishing in jail since 19.07.2025. It is argued that charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. It is further argued that the accused applicant has no criminal history and there is no Versus Counsel for Applicant(s) : Gaurav Mishra, Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Deepak Chaudhary .....Applicant(s) State of U.P. .....Opposite Party(s) likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail but could not dispute the above submissions. 5. Considering the fact that the accused applicant is in jail since 19.07.2025; co-accused persons Veeresh Kumar Alias Veeresh Yadav, Muveen Khan alias Mobin and Abid Khan have already been released on bail by this Court; severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Deepak Chaudhary involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 27, 2025 Gss BAIL No. 36616 of 2025 2 (Santosh Rai,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad