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2025 DAILYLAW 67899 (ALL)

ATUL CHAUDHARY v. STATE OF U.P.

BAIL/25695/2025 · 2025-09-08

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25695 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ravi Pandey, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State, Shri M.P.S. Chauhan, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Atul Chaudhary, seeking enlargement on bail in Case Crime No. 191 of 2025, under Sections 103 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Tappal, District Aligarh. 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 24.4.2025. Learned counsel for the applicant submits that nothing has been recovered from the possession or pointing out of the applicant. The recovery has been effected from co-accused Lokesh. In the post mortem report, only one injuries has been received on the person of deceased. Learned counsel for the applicant submits that similarly circumstanced co-accused Saurabh, who has been named in the FIR describing as Atul Ke Jija, has already been enlarged on bail by this Court on 19.8.2025 in Crl. Misc. Bail Application No. 23137 of 2025. He has 05 cases of criminal antecedent, which has sufficiently been explained in the supplementary 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. Versus Counsel for Applicant(s) : Ravi Pandey Counsel for Opposite Party(s) : G.A., M.P.S. Chauhan, Tarunesh Kumar Srivastava Atul Chaudhary .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA as well as learned counsel for the first informant have 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, Atul 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. September 9, 2025 Ravi Prakash BAIL No. 25695 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad