MANOJ KUMAR CHAUDHARY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/8618/2025 · 2025-10-08
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199962 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199962 (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. - 8618 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. In the prosecution case, the allegation levelled is of forgery pertaining to updation of Aadhar Cards in an illegal manner. 3. Learned counsel for the applicant submits that co-accused persons namely Siddharth Saroj, Mithun Tiwari, Ramesh Tiwari are named in the F.I.R. The name of the applicant has surfaced in the confessional statement of the co- accused persons. The co-accused namely, Mahendra Mishra @ Mahendra Kumar Mishra, Siddharth Saroj, Mithun Tiwari and Ramesh Tiwari, who have been assigned similar role, have been granted bail by the coordinate bench of this Court vide orders dated 01.05.2025, 18.07.2025 and 25.08.2025 passed in Criminal Misc. Bail Application Nos. 3658 of 2025, Criminal Misc. Bail Application Nos. 3463 of 2025 and Criminal Misc. Bail Application Nos. 3872 of 2025 respectively. Hence, the present applicant seeks parity. 4. It is further submitted that from the joint possession of three other accused persons, the recovery of incriminating articles has been made, whereas, there is no documentary evidence against the applicant and he has been falsely implicated in the present case as no recovery has been made from the applicant, thus, the case of the applicant is on a better footing. 5. It is further submitted that the applicant has no criminal history and he is languishing in jail since 19.08.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary, Vishnu Kumar Srivastava Counsel for Opposite Party(s) : G.A. Manoj Kumar Chaudhary .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6.
On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused Mahendra Mishra @ Mahendra Kumar Mishra, Siddharth Saroj, Mithun Tiwari and Ramesh Tiwari, as also the fact that the applicant has no criminal history and he is languishing in jail since 19.08.2025; the offences are triable by a Magistrate; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Manoj Kumar Chaudhary involved in Case Crime No. 19 of 2025 under Sections 318(4), 319(2), 338, 337, 339 & 341 B.N.S and 66(C) IT Act, 2008, P.S. Harraiya, District Balrampur, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in BAIL No. 8618 of 2025 2
accordance with law, under Section 209 of B.N.S. October 8, 2025 DiVYa BAIL No. 8618 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench