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Neutral Citation No. - 2025:AHC:107755 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12529 of 2025 Applicant :- Chandresh Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing 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. 24 of 2025, under Sections 191(2), 191(3), 190, 115(2), 126(2), 121(1), 132, 109, 310(2), 3(5), 118(1), 317(3), 121(2) B.N.S. and Section 26 of Forest Act, police station Naseerpur, district Firozabad during the pendency of trial. 3-It is argued by learned counsel for the applicant that first information report was lodged against seven named accused persons, namely, Mahipat, Brijesh, Kooka, Shyamvir, Dhruv, Chandresh alias Chhotu (present applicant), Chote and 30-40 unknown persons regarding commission of offence of theft of wood from the Reserve Forest. It is next submitted that identically situated co-accused Sarvesh Alias Kooka, Brijesh and Shyamveer have been granted bail by this Court vide orders dated 24.06.2025, 30.06.2025 and 02.07.2025 in Criminal Misc. Bail Application Nos. 20089 of 2025, 20056 of 2025 and 21800 of 2025 respectively. The applicant does not have any criminal history to his credit. Hence, the applicant, who is languishing in jail since 21.02.2025, may also be released on bail. 4-Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant by contending that an attempt was also made by the accused persons to assault the employees of the Forest Department and firing was also done, whereby employees of the Department have suffered injuries, but he could not dispute the fact of the case that co-accused as noted above have been granted bail. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that case of the applicant stands on better footing than that of co-accused Sarvesh Alias Kooka, Brijesh and Shyamveer, who have been granted bail as noted above.
Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. 6-Let the applicant-Chandresh Alias Chhotu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 7-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.
Order Date :- 8.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad