Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 49511 (ALL)

AVINASH CHAUHAN v. STATE OF U.P.

BAIL/14173/2025 · 2025-09-17

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14173 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Birendra Kumar Yadav, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0041 of 2025, under Sections 420, 467, 468, 471 I.P.C. and Section 12(1)(B) of Passport Act, Police Station- Madhuban, District-Mau, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant has nothing to do with the said offence as earlier the passport of the applicant was stolen and he applied for a new passport and inadvertently due to clerical mistake the date of birth was mentioned as 02.06.1995 in place of 02.06.1997. There is no criminal history of the applicant. The applicant is languishing in jail since 05.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Versus Counsel for Applicant(s) : Birendra Kumar Yadav, Lal Behari Yadav Counsel for Opposite Party(s) : G.A. Avinash Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Let the applicant- Avinash Chauhan, who is involved in aforementioned 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 evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2025 Karan BAIL No. 14173 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad