CHINGARI ALIAS LUCKY ALIAS YOGESH DWIVEDI DUBEY v. STATE OF U.P.
BAIL/21612/2025 · 2025-09-24
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68285 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68285 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21612 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. None is present on behalf of informant even in the revised call. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Narsingh Pandey, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 107 of 2025, under Sections 191(2), 191(3), 190, 109(1), 131, 125, 352, 351(3) of BNS and Section 7 of Criminal Law Amendment Act, Police Station - Harraiya, District - Basti, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Rudra Pathak Alias Deepak Pathak, has already been enlarged on bail by this Court vide order dated 29.07.2025 passed in Criminal Misc. Bail Application No. 22364 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. Learned counsel has also stated that criminal history assigned to the applicant has been explained in the affidavit as well as in the supplementary affidavit. The applicant is languishing in jail since 20.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. The prayer for bail has been vehemently opposed by learned A.G.A.. Versus Counsel for Applicant(s) : Narsingh Pandey Counsel for Opposite Party(s) : Akhilesh Kumar Mishra, G.A. Chingari Alias Lucky Alias Yogesh Dwivedi Dubey .....Applicant(s) State of U.P. .....Opposite Party(s)
However, the aforesaid factual aspect of parity to the co-accused has not been disputed by him. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and also considering the bail order of co-accused, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail. The bail application is allowed on the ground of parity. 9. Let the applicant- Chingari Alias Lucky Alias Yogesh Dwivedi Dubey, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 25, 2025 sailesh BAIL No. 21612 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad