Sagar Urf Sahil Chaudhary vs State of U.P.

Neutral Citation No. - 2025:AHC:43220

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9644 of 2025

Applicant :- Sagar Urf Sahil Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet Yadav,Sanjay Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sanjay Pathak, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 417 of 2017, under Sections 302, 307, 506 IPC, Police Station Harduaganj, District Aligarh, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant was released on bail in the present matter by this Court on 1.2.2019 and after released on bail he went to Gujarat for his livelihood and thereafter, due to covid-19 pandemic, he could not return and subsequently, on query his counsel informed him that he is looking after his case and when his presence will be required in the Court then he will inform him but in the meantime, coercive measures issued against the applicant and when applicant came at his native place then he was arrested.

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He further submitted that applicant was not having any intention to avoid the court proceedings.

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He further submitted that applicant has given an undertaking that in future, he will regularly attend the trial court either in person or through his counsel on each and every date and will cooperate with the trial proceedings.

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He further submitted that applicant is having no criminal history and he is in jail in the present matter since 12.12.2024 i.e. for last more than three months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for

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the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation, applicant after released on bail misused the liberty of bail granted to him but considering the fact that during covid-19 pandemic, he could not appear before the court concerned, contention raised by learned counsel for the applicant cannot be completely brushed aside.

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Further, applicant has given an undertaking that in future, he will regularly attend the trial court either in person or through his counsel on each and every date and will co-operate with the trial proceedings and in the present matter, applicant is in jail for last more than 3 months.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Sagar Urf Sahil Chaudhary, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the

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merits of the case during trial.

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Order Date :- 24.3.2025

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Sagar Urf Sahil Chaudhary v. State of U.P.

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Sagar Urf Sahil Chaudhary v. State of U.P.

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