Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50230 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11512 of 2025 Applicant :- Kamlesh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.654 of 2024, under Sections 303(2), 317(4), 317(5), 338, 336(3), 340(2), 317(2), 112(2) B.N.S., P.S. Kotwali, District Azamgarh, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that similarly placed co- accused, Munchun Chauhan has been granted bail by this Court vide order dated 04.04.2025 passed in Criminal Misc. Bail Application No. 4943 of 2025 and claims parity with the co- accused. Criminal history of the applicant has been explained in the bail application. Applicant is languishing in jail since
11.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
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, ground of parity 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.
6. Let the applicant- Kamlesh Chauhan, who is involved in the aforesaid case 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 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. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad