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2026 DAILYLAW 5674 (ALL)

KHARPATTU CHAUHAN v. STATE OF U.P.

BAIL/23704/2026 · 2026-09-08

Jai Prakash Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23704 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0411 of 2025, under Section 316(5) BNS, Police Station Bardah, District Azamgarh, during the pendency of trial. It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Criminal history of the applicant has been duly explained in para 11 of the bail application. At this stage, learned counsel for the applicant has drawn the attention of the Court to para '2' of the supplementary affidavit filed on behalf of the applicant to submit that applicant is ready and willing to pay the amount of Rs. 3,46,009.57/- to the informant within two months after his release on bail. The applicant is languishing in jail since 17.5.2026 and in case they are released on bail, they will not misuse the liberty of bail. Per contra, learned AGA, however, opposed the prayer for bail, but could not dispute the above facts. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without Versus Counsel for Applicant(s) : Suneel Kumar Yadav Counsel for Opposite Party(s) : G.A. Kharpattu Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicants-Kharpattu Chauhan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 9, 2026 Brijesh BAIL No. 23704 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad