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2025 DAILYLAW 49183 (ALL)

PINTU CHAURASIYA @ VIRENDRA v. STATE OF U.P.

BAIL/13927/2025 · 2025-09-14

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13927 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard Sri Kapil Tyagi, learned counsel for the applicant, Sri Rohit Nandan Pandey, learned counsel for the first informant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Pintu Chaurasiya @ Virendra, seeking enlargement on bail in Case Crime No. 564 of 2024, under Sections 103, 351 (2), 61 (2), 190, 191 (2), 191 (3) BNS and Section 4/25 Arms Act, Police Station- Sector 63 NOIDA, District- Gautam Budh Nagar. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 02.01.2025. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has surfaced during course of investigation. There are various contradictions in the statement of witnesses and the FIR version. After completing investigation, the investigating officer submitted charge-sheet against the applicant and other co-accused persons on 10.03.2025. It is submitted that similarly placed co-accused, Himanshu Singh, has already been enlarged on bail of by the Bench of this Court by order dated 23.08.2025 passed in Criminal Misc. Bail Application No. 26388 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He Versus Counsel for Applicant(s) : Kapil Tyagi Counsel for Opposite Party(s) : G.A., Rohit Nandan Pandey Pintu Chaurasiya @ Virendra .....Applicant(s) State of U.P. .....Opposite Party(s) has criminal antecedent of 11 cases, which has been explained in para 64 of the affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Pintu Chaurasiya @ Virendra involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 15, 2025 v.k.updh. BAIL No. 13927 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad