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2025 DAILYLAW 30519 (ALL)

YATENDRA CHAUDHARY v. STATE OF U.P.

BAIL/9280/2025 · 2025-03-19

Deepak Verma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:40625 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9280 of 2025 Applicant :- Yatendra Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Gireesh Chandra Dwivedi,Nisheeth Yadav,Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, 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.627 of 2019, under Sections 420, 467, 468, 120-B 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. It is next submitted that Director of the firm Rajesh Kantwal and other co-accused Kapil Dhama have been granted bail by the Co-ordinate Bench of this Court vide orders dated 20.10.2020 and 14.11.2024 passed in Crl. Misc. Bail Application Nos.35461 of 2020 and 40848 of 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 criminal history which has been explained in the supplementary affidavit. 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 and counsel for the informant 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 :- 20.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad