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2025 DAILYLAW 56270 (ALL)

ABHI CHAUDHARY v. STATE OF U.P.

BAIL/15852/2025 · 2025-05-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93690 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15852 of 2025 Applicant :- Abhi Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Gambhir Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Gambhir Singh, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant-Abhi Chaudhary, seeking enlargement on bail in Case Crime No. 76 of 2025, under sections 190, 191 (2), 191 (3), 109, 132, 125, 221, 121 (1) Bharatiya Nyaya Sanhita, 2023, and Section 7 of Criminal Law Amendment Act, Police Station-Chhajlait, District-Moradabad. 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 21.04.2025. Learned counsel for the applicant submits that neither the applicant was named in the first Infomration Report nor he has been arrested on the spot. Name of the applicant has been surfaced in the statement of the informer. Learned counsel for the applicant submits that it is a no injury case. Nothing incriminating has been recovered from the possession of the applicant. He has no criminal antecedent 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. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Abhi 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 :- 30.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad