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2025 DAILYLAW 23205 (ALL)

YATENDRA CHAUDHARY v. STATE OF U.P.

BAIL/6930/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:104628 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6930 of 2025 Applicant :- Yatendra Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Nisheeth Yadav,Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Nisheeth Yadav, learned counsel for the applicant, Sri Raj Bahadur Verma, 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. 347 of 2019, under Sections 420, 467, 468, 120B I.P.C. 1860, Police Station- Sector-58 Noida, District - Gautam Budh Nagar, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that there is no allegation against the applicant and he has been falsely implicated in the instant case. In the F.I.R. itself, it was specifically mentioned that Rajesh Khantwal and Mininder Kumar are the owners of the company and no allegation has been made against the applicant though, it was mentioned that the applicant is also one of the partners. Counsel for the applicant further relied upon the information which was received from Ministry of Corporate Affairs showing that the Directors of MIP Cab Company are Rajesh Khantwal and Mininder Kumar and the name of the applicant has not been mentioned in the said report as Director of the company. It is further submitted that the co-accused Rajesh Khantwal, against whom allegations have been made, who is the owner of the MIP Cab Company, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 05.10.2020 passed in Criminal Misc. Bail Application No. 31618 of 2020 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no previous criminal history but after being implicated in the present case, 10 other cases were also imposed upon the applicant which has been explained by him in paragraph no. 12 of the accompanying affidavit. The applicant is a law abiding citizen and is languishing in jail since 09.12.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co- accused who has already been released on bail. 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, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Yatendra Chaudhary, involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad