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2025 DAILYLAW 23157 (ALL)

YATENDRA CHAUDHARY v. STATE OF U.P.

BAIL/6752/2025 · 2025-03-23

Deepak Verma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:42522 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6752 of 2025 Applicant :- Yatendra Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.635 of 2019, under Sections 420, 467, 468, 120-B, 506 I.P.C., P.S. Sector-58 Noida, District Gautam Budh Nagar, during pendency of the trial. 4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is investor in the scheme of the company. Learned counsel for the applicant next submitted that co-accused Rajesh Kantwal, Puspendra Kumar, Chhatrapal Singh @ C.P.C Singh, & Kapil Dhama have been granted bail by the Co- ordinate Bench of this Court vide orders dated 20.10.2020, 08.10.2021, 21.03.2023 & 14.11.2024 respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has total 13 cases of criminal history and in some of the cases, he has been granted bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 09.12.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial. 5. On the other hand, learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Let the applicant, Yatendra Chaudhary, 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. (ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad