Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 43757 (ALL)

BECHAI PRASAD v. STATE OF U.P.

BAIL/15169/2025 · 2025-05-26

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:92641 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15169 of 2025 Applicant :- Bechai Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.,Neeraj Singh Hon'ble Sameer Jain,J. 1. Heard Sri Ashwani Kumar Pathak, learned counsel for the applicant, Sri Santosh Nigam, learned A.G.A. for the State- respondent and Sri Neeraj Singh, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.31 of 2025, under Sections 191(2), 103(1), 351(2), 351(3), 3(5) B.N.S., Police Station Jhangha, District Gorakhpur, during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith co-accused Sandeep @ Bango and Sangam @ Golu and both the above co-accused have been released on bail by this Court vide order dated 13.05.2025 passed in Criminal Misc. Bail Application No.13975 of 2025 and on facts case of applicant is at par with them. 4. He further submits that applicant is having no criminal history and he is in jail in the present matter since 16.01.2025. 5. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard both the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed two co-accused Sandeep @ Bango and Sangam @ Golu have been released on bail by this Court vide order dated 13.05.2025 and applicant is having no criminal history and he is in jail in the present matter since 16.01.2025, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Bechai Prasad 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 hus 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. 10. 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. 11. 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 :- 27.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad