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2025 DAILYLAW 68855 (ALL)

VIKASH CHAUDHARY v. STATE OF U.P.

BAIL/22150/2025 · 2025-07-21

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119627 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22150 of 2025 Applicant :- Vikash Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Bhushan,Smriti Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Smt. Smriti Shukla, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 171 of 2025, under Sections 326(g), 333, 115(2), 352, 351(2), 351(3) of BNS and Sections 4/25 of Arms Act, Police Station - Chaurichaura, District - Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have barged into the house of the informant in the night of 11.04.2025 at about 10:00 PM and caused injuries to her and her mother-in-law and daughter and had set certain implements to fire thereby causing loss to her. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the injuries sustained by the injured person are simple in nature. There is no injury sustained by her daughter whatsoever. It is argued that the applicant himself has sustained seven injuries but there is no explanation of the said injuries, as such, it is a clear cut case of false implication. 7. Learned counsel has next contended that the applicant is languishing in jail since 14.04.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the injuries sustained by the injured person are simple in nature and also there being no explanation of the injuries sustained by the applicant, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Vikash Chaudhary, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. Order Date:- 22.7.2025 Siddhant (Justice Krishan Pahal Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad