Allowed

Dharmendra Kumar Chaubey v. State of U.P.

Allahabad HC10 Mar 2025BAIL/1079/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS in a case of alleged looting of Rs. 41 lakhs during a police raid on gambling premises. Court found a case for bail made out and allowed the application.

What the court decided

AI extract

Dharmendra Kumar Chaubey Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:36634

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1079 of 2025

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Applicant :- Dharmendra Kumar Chaubey Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Upendra Upadhyay, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the Staterespondents and perused the record.

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This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Dharmendra Kumar Chaubey, seeking enlargement on bail in Case Crime No. 518 of 2024, under Sections 319 (2), 309 (4), 318 (4), 336 (3), 338, 340 (2) BNS and Section 3/4 of the Public Gambling Act, Police Station Sarnath, District Varanasi.

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The allegation made in the FIR is that the then In-charge Inspector of Police Station Sarnath along with one Dharmendra Chaubey (applicant) went to Rudra Heights Apartment where gambling was going on. From there they looted Rs. 41 lakhs and escaped and the applicant was also nominated as accused in the case.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 24.11.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that no looted money has been recovered from the possession of the applicant and recovery of two fake identity cards from the possession of the applicant is absolutely false which is planted by the police. He further submits that the applicant was not aware about this incident and was not having any money with him. He went to attend marriage ceremony at Mumbai, from where he was called by the police of police station Sarnath after giving information that an FIR has been lodged against him, then he himself came to the police station Sarnath were a false recovery of two fake identity cards was shown from the pocked of the applicant and he is fully innocent and nothing to do with the alleged crime in any manner. In fact, neither the applicant has

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prepared any forged document nor he has used the same at any place. He further submits that no incriminating article has been recovered from the possession of the applicant. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Dharmendra Kumar Chaubey, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 11.3.2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Dharmendra Kumar Chaubey v. State of U.P.

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Dharmendra Kumar Chaubey v. State of U.P.

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