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2025 DAILYLAW 176436 (ALL)

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

BAIL/11702/2025 · 2025-12-11

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11702 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for accused-applicant while pressing the bail application submits that applicant has falsely been implicated in the case. There is no independent eye witness of the alleged recovery. The offence is triable by a Magistrate. Applicant has explained the criminal history of 11 cases in para 21 of the bail application. It has been further submitted that applicant is in jail since 30.08.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration of aforesaid, including the factss that the applicant has been languishing in jail since 30.08.2025, severity of the punishment and the offence is triable by a Magistrate, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant-Prem Kumar Chauhan involved in Case Crime/FIR No. 231 of 2025, under Sections 303(2), 317(2) BNS, Police Station-Ramgaon, District-Bahraich, be released on bail on furnishing a personal bond and two Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A. Prem Kumar Chauhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 11, 2025 Vinay/- BAIL No. 11702 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench