RAHUL GAUND @ AVINASH KUMAR GAUND v. STATE OF U.P.
BAIL/6563/2025 · 2025-03-18
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19945 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19945 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39454 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6563 of 2025 Applicant :- Rahul Gaund @ Avinash Kumar Gaund Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav,Vishal Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 677 of 2024, registered under Sections 420, 406, 467, 468, 471, 504 and 506 I.P.C., Police Station- Chiluwatal, District- Gorakhpur, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant first information report has been lodged after two years of the alleged incident. Allegation alleged in the first information report is false & baseless and without support of any cogent evidence. Applicant is not an employee of the Gorakhpur Development Authority. Instant first information report has been lodged only to harass the applicant. Criminal history of the applicant has been explained in the bail application. Applicant is languishing in jail since 01.02.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant- Rahul Gaund @ Avinash Kumar Gaund,
who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad