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2026 DAILYLAW 9375 (ALL)

AKSHAY CHAUDHARY v. STATE OF U.P.

BAIL/33393/2026 · 2026-09-20

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33393 of 2026 Court No. - 68 (Sr. No.4 out of 131) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Durgesh Kumar Singh, learned Senior Counsel assisted by Sri Neeraj Srivastava, learned counsel for the applicant, Sri Vinay Shara, learned Senior Counsel assisted by Sri Hariom Kamal Singh, learned counsel for the informant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.221 of 2026, under Sections 318(4), 316(5), 338, 336(3), 340(2), 238, 61(2) B.N.S. and 66(c) of I.T. Act, Police Station Sihanigate, District Ghaziabad, during the pendency of trial. 4. Learned Senior Counsel submits that similarly placed co-accused, Ashwani Jadaun, has been granted bail by this Court vide order dated 11.09.2026 in Criminal Misc. Bail Application No.32384 of 2026, hence, the applicant, having an identical role and no criminal history, is entitled to bail on parity. He is in jail since 05.07.2026 and will not misuse the liberty of bail. 5. Per contra, learned Senior Counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the case of the applicant stands on a different footing from that of the co-accused who has been enlarged on bail. Even in the bail order of co- accused Ashwani Jadaun, the fact that there were several inter se Versus Counsel for Applicant(s) : Dhiraj Srivastava Counsel for Opposite Party(s) : G.A. Akshay Chaudhary .....Applicant(s) State of U.P. .....Opposite Party(s) transactions between the accused persons could not be mentioned. It has also come up in the statements of several customers that they had handed over money to the applicant as well as the co-accused persons in cash, through cheques, and via UPI. Thus, they have caused a loss of more than Rs.72 lakhs. The investigation is still ongoing, and the exact amount of the loss has not yet been quantified;, as such, the applicant is not entitled to bail. 6. After hearing learned counsel for the parties and taking into consideration that the similarly placed co-accused has been enlarged on bail, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicant- Akshay Chaudhary, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 21, 2026 (Ravi Kant) BAIL No. 33393 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad