Allowed

Naveen Chahar @ Tinku v. State of U.P.

Allahabad HC11 Mar 2025BAIL/576/2025

Case brief

AI extract

What is this about?

Bail application by an accused in Case Crime No. 304 of 2023 under Sections 307, 325, 326 and 323 IPC, PS Malpura, Agra. The court noted the applicant's incarceration, absence of criminal antecedents and nature of evidence, and allowed bail on personal bond with two sureties subject to conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions including non-tampering, no criminal activity and regular appearance before the trial court.

Naveen Chahar @ Tinku vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:35780

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 576 of 2025

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Applicant :- Naveen Chahar @ Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Rishika Raj Singhal,Shivendra Raj Singhal Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Shri S.K. Rai, learned AGA-I for the State-respondents and perused the record.

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This bail application under Section 439 of Criminal Procedure Code has been moved on behalf of accused-applicant, Naveen Chahar @ Tinku, seeking enlargement on bail in Case Crime No. 304 of 2023, under Sections 323, 325, 326 and 307 of the Indian Penal Code, Police Station -Malpura, District -Agra.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 12.12.2024; it was an accidental incident, which took place without any involvement of applicant and co-accused persons; there is no motive to commit such an offence; there is no cogent, reliable or sufficient evidence against the applicant; allegation of the first informant is not supported by his arrayed witnesses nor any other independent witnesses; PW-1 has also not supported the prosecution case; 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, but could not dispute the fact that applicant has no criminal antecedent.

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Considering all those 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, Naveen Chahar @ Tinku , involved

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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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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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

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iv. 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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Order Date :- 11.3.2025 VS

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Naveen Chahar @ Tinku v. State of U.P.

Case brief

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Naveen Chahar @ Tinku v. State of U.P.

Case brief

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