Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144282 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15992 of 2025 Applicant :- Chirag Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava,Shantanu Counsel for Opposite Party :- G.A.,Shyam Shanker Pandey Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, Sri Shyam Shanker Pandey, learned counsel for the informant, learned AGA for the State-Respondent and perused the record.
2. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No.572 of 2024, under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bita-2, District Gautam Budh Nagar.
3. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that however, applicant is named in the FIR alongwith two others but admittedly informant of the case is not the eye-witness and it appears that on the basis of suspicion, applicant has been made accused in the present matter alongwith two others. He further submits that it is a case of no evidence and except the statement of co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. He further submits that the alleged recovery of knife from the possession of the applicant is a planted one and there is no independent witness of the alleged recovery. He further submits that applicant is languishing in jail since 13.12.2024 having no previous criminal history. It is further submitted that on the similar footing the co-accused Manu Alias Abhinav Pratap Singh and Harshita have been granted bail by the co-ordinate Bench of this Court vide orders dated 08.04.2025 and 25.04.2025, passed in Criminal Misc. Bail Application Nos.11497 of 2025 and 3983 of 2025, respectively, therefore, the applicant is also entitled to be released on bail.
4. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant.
5. Considering all those 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.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant, Chirag Chaudhary, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 21.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad