Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73173 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6777 of 2025 Applicant :- Jaswant Chauhan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Udai Shankar Chauhan Counsel for Opposite Party :- G.A.,Rama Shankar Mishra Hon'ble Sameer Jain,J.
1. Heard Sri Udai Shankar Chauhan, learned counsel for the applicants, Sri Rama Shankar Mishra, learned counsel for the informant and Sri Brijesh Pratap Singh, learned AGA for the State- respondent.
2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 175 of 2024, under Sections 191(2), 191(3), 115(2), 352, 105 BNS, Police Station Dullahpur, District Ghazipur, during pendency of the trial in the court below.
3. Learned counsel for the applicants submitted that on the basis of false allegations, applicants have been made accused in the present matter alongwith others including co-accused Neeraj Chauhan and after considering entire facts of the case in detail, co-accused Neeraj Chauhan has been released on bail by this Court vide order dated 1.4.2025 passed in Crl. Misc. Bail Application No. 2671 of 2025 and on facts, case of applicants is at par with him.
4. He further submitted that applicants are having no criminal history and in the present matter, they are in jail since 02.11.2024 i.e. for last more than six months.
5. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicants.
6. I have heard learned counsel for the parties and perused the record of the case.
7. Considering the arguments advanced by learned counsel for the applicants and the fact that similarly placed co-accused Neeraj Chauhan has already been released on bail by this Court and
applicants are having no criminal history and in the present matter, they are in jail for last more than six months, in my view, applicants are entitled to be released on bail.
8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
9. Let the applicants-Jaswant Chauhan and Balwant Chauhan, 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 the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity.
10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.
11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 6.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad