Brijesh Chaudhari vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 25001 of 2025

Brijesh Chaudhari

		.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Gaurav Kumar Singh
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 66

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Gaurav Kumar Singh, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Brijesh Chaudhari, seeking enlargement on bail in Case Crime No. 813 of 2023, under Sections 147, 148, 504, 302 of IPC, Police Station Dhanghata, District Sant Kabir Nagar.

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Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.12.2023. Learned counsel for the applicant submits that in the FIR omnibus allegation have been levelled against four named and 7-8 unnamed persons. Specific allegations have not been levelled against the applicant. Learned counsel for the applicant submits that two named co-accused, namely, Akshay and Vijay have been exonerated from the investigation. 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. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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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

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BAIL No. 25001 of 2025

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2

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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, Brijesh Chaudhari , 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.

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(Ashutosh Srivastava,J.)

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September 17, 2025

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Ravi Prakash

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Brijesh Chaudhari v. State of U.P.

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Brijesh Chaudhari v. State of U.P.

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