Himanchal Chauhan Vs State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. — Allahabad HC (2025) — LawSathi Research

Himanchal Chauhan Vs State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Himanchal Chauhan to be released on bail in Case Crime No.577 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurise prosecution witnesses, and shall appear on each and every date fixed by the trial court unless exempted.

Issue for consideration

Whether the applicant, implicated in Case Crime No.577 of 2025 under Sections 309(6), 352, 351(3), 61(2), 317(2) B.N.S., P.S. Kotwali Nagar, District Barabanki, is entitled to be enlarged on bail.

Court's answer

Considering that the applicant has no previous criminal history, is in custody since 10.06.2025, and the co-accused has already been granted bail by the Coordinate Bench, the court held these facts sufficient to make out a case for enlargement of the applicant on bail, without any observation affecting the merits.

Ratio / Principle

Release on bail is made subject to conditions: the applicant shall not tamper with prosecution evidence, shall not pressurise prosecution witnesses, and shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Bail Application No.6869 of 2025, decided 19 November 2025 by Karunesh Singh Pawar, J.: Bail allowed to applicant Himanchal Chauhan in Case Crime No.577 of 2025, Police Station Kotwali Nagar, District Barabanki, under Sections 309(6), 352, 351(3), 61(2), 317(2) B.N.S. Grounds: applicant has no previous criminal history; in custody since 10.06.2025; parity with co-accused Sumit Verma who was already granted bail by the Coordinate Bench of this Court by order dated 14.11.2025 in Criminal Misc. Bail Application No.7233 of 2025, a fact not disputed by the State. Release directed on a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with prosecution evidence, non-pressurisation of prosecution witnesses, and appearance on every date fixed by the trial court unless exempted. No observation made touching the merits of the case.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 6869 of 2025

Himanchal Chauhan

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko.

.....Opposite Party(s)

Counsel for Applicant(s) : Vinod Kumar Tiwari, Kaushal Kumar, Satyam Tiwari Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

Heard the learned counsel for the applicant, learned Additional Government Advocate-I for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.577 of 2025, under Sections 309(6), 352, 351(3), 61(2), 317(2) B.N.S., registered at Police Station- Kotwali Nagar, District - Barabanki.

In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the coaccused Sumit Verma has already been granted bail by this Court by means of order dated 14.11.2025, passed in Criminal Misc. Bail Application No.7233 of 2025. Photocopy of the bail order is taken on record.

The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation but he does not dispute this fact that the co-accused, having identical role has already been granted bail by this Court.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 10.06.2025 and co-accused person has been granted bail by the Coordinate Bench of this Court and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed.

Let the applicant- Himanchal 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

BAIL No. 6869 of 2025

2

of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

November 19, 2025 DiVYa

(Karunesh Singh Pawar,J.)

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench