Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124414 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25643 of 2025 Applicant :- Chhatrapal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Chaudhari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The prosecution story in brief is that the co-accused persons namely, Fardeen Aman and Kaif, who are real brothers and running a dairy milk in the village and they in collusion with the driver of the milk tankers got adulterated milk sold in the market. 3. Learned counsel further submits that the applicant is the driver of the tanker and as per F.I.R. version G.P.S. was also installed by the co-accused to know the current location but the applicant has installed a jammer to make it ineffective. Learned counsel next argued that the applicant is innocent and has been falsely implicated in the instant case on the basis of his confessional statement given before the police authorities while in the custody of the latter. The said statement was extracted by coercion and made under duress. The said statement is not admissible in evidence. No incriminating article has been recovered from the applicant. He also submits that co-accused and owner of the tanker has been enlarged on bail by this Court vide order dated 21.07.2025 in Criminal Misc. Bail Application No.23206 of 2025 and case of the application is on better footing than of co-accused who has already been enlarged on bail. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 13.06.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed. 5. Let the applicant- Chhatrapal Singh, be enlarged on bail in Case Crime No.87 of 2025 under Sections 316(5), 317(4), 334(2), 45, 61(2) B.N.S., Police Station Nakhasa, District Sambhal, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad