Chhavinath vs State of U.P.

Neutral Citation No. - 2025:AHC:86828

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16588 of 2025

Applicant :- Chhavinath Opposite Party :- State of U.P. Counsel for Applicant :- Gunjan Dwivedi,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 181 of 2024, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Marihan, District Mirzapur.

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Learned counsel appearing on behalf of applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. Learned counsel further submitted that there are no criminal intent as in the instant matter the dispute is civil in nature. It is also vehemently submitted that co-accused persons have approached this Court by means of a writ petition and the Division Bench of this Court vide order dated 28.04.2025 has granted interim protection till the submission of police report under Section 193 BNSS on the ground that dispute is purely of civil in nature. It is also submitted that he has no previous criminal antecedents. He is languishing in jail since 20.03.2025. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail.

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Per contra, learned A.G.A. appearing on behalf of State

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vehemently opposed the instant bail application and submitted that since investigation is still going on, the applicant miserably failed to make out any case for bail.

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Heard Shri Prakash Dwivedi, learned counsel for the applicant as well as Shri K. P. Pathak, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record.

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It is admitted fact that applicant is languishing in jail since 20.03.2025 i.e. about two months. There are no previous criminal history of the applicant. After perusing the case diary, I am of the opinion that the dispute is purely of civil in nature and there are no credible material on record to connect the applicant in the instant case at this stage. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail.

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Taking into consideration the nature of offence and other reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to allow the bail application. Accordingly, the bail application is allowed .

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Let the applicant- Chhavinath, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section

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313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 22.5.2025 AKT

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(Chandra Dhari Singh, J.)

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Chhavinath v. State of U.P.

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Chhavinath v. State of U.P.

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