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2025 DAILYLAW 33027 (ALL)

PRAVESH VISHWAKARMA @ CHHOTU v. STATE OF U.P.

BAIL/12360/2025 · 2025-05-06

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73666 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12360 of 2025 Applicant :- Pravesh Vishwakarma @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 773 of 2024, under Sections 303(2), 317(2), 317(4), 317(5), 318(4), 338, 336(3), 111 BNS, Police Station Kotwali Orai, District Jalaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter along with several others including co-accused Suryanshu @ Surya and after considering entire facts of the case in detail, co- accused Suryanshu @ Surya has been released on bail by this Court vide order dated 18.02.2025 passed in Criminal Misc. Bail Application No. 10 of 2025 and on facts, case of applicant is at par with him. 4. He further submitted that however, apart from the present case, applicant is having criminal history of three other cases but he was not having any previous criminal history and simultaneously, along with the present matter, he has been made accused in these cases too and his entire criminal history has been explained in the instant bail application. 5. He further submitted that in the present matter, applicant is in jail since 17.11.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Suryanshu @ Surya has already been released on bail by this Court with a reasoned order and criminal history of three cases of the applicant has been explained in the instant bail application and in the present matter, applicant is in jail since 17.11.2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Pravesh Vishwakarma @ Chhotu 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant 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 applicant shall not indulge in any criminal and anti-social activity. 11. 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 applicant. 12. 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 :- 7.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad