Chhojer Bharchin Alias Chanjan Alias Chocho Alias Chandra Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30987 of 2025

Chhojer Bharchin Alias Chanjan Alias Chocho Alias Chandra

as anra	.....Applicant(s)
	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Pandey Balkrishna
Counsel for Opposite Party(s)	: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Pandey Balkrishna, learned counsel for the applicant, Shri Yagyavalk Pandey, 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, Chhojer Bharchin Alias Chanjan Alias Chocho Alias Chandra, seeking enlargement on bail in Case Crime No. 505 of 2024, under Sections 318 (4), 319 (2), 338, 336 (3), 340 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 (1) A of Passport Act, Police Station Surajpur, District Gautam Budh Nagar, during the pendency of the trial before the Court below. The bail application of the applicant before the Court below was rejected by the learned Ist Addl. Sessions Judge, Gautam Budh Nagar vide order dated 11.3.2025 and the applicant is languishing in jail since 12.9.2024.

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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. The FIR giving rise to the instant case crime number has been lodged with the allegation that the informant, who is a police personnel, while carrying on the instructions of his seniors to initiate proceedings against the persons who prepare forged documents and on that basis prepare documents of Indian Nationals to obtain passports etc., apprehended the applicant, who disclosed his name as Chandra Thakur. During questioning the applicant revealed that he was a Tibetan National and residing in India on a forged name Chandra

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BAIL No. 30987 of 2025

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2

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Thakur. Several incriminating information was revealed from the WhatsApp chats of the applicant. During the course of investigation, two passports, forged voter ID card, PAN card, Aadhar Card, 02 ATM, one combodian SIM card and two mobile phones have been recovered from the possession of the applicant.

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Learned counsel for the applicant submits that Ist passport bearing No. L1997673 was issued on 2.5.2013 and was valid up to 1.5.2023. The 2nd passport bearing No. Y2865204 was issued after the expiry of the earlier passport. The issuance of the passport has been authenticated by the Ministry of External Affairs, Government of India and it is not a case where the applicant has produced forged documents to get a passport. The particulars disclosed in the passport are the same. No offence under Sections 318 (4), 319 (2), 338, 336 (3), 340 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 (1) A of Passport Act can be said to be made out against the applicant. The applicant has been residing in India since 2013 and has travelled to several countries on the passport issued to him. The applicant has no criminal antecedents. The charge sheet against the applicant has already been filed and the custodial interrogation of the applicant is no longer required. The applicant is incarcerated in jail since 12.9.2024 and undertakes to cooperate in the trial and not misuse the liberty of bail. Hence, bail has been prayed for.

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Per contra, learned AGA has vehemently opposed the prayer for bail by submitting that the applicant is resident of Tibet and on the basis of forged and fictitious documetns in the shape of India ID, Aadhar card, PAN card has got issued Indian Passport. The applicant while living in India used to commit cyber fraud and the investigating officer after investigating and collecting credible evidence has submitted charge sheet against the applicant. If released on bail, the applicant is likely to misuse the liberty of bail. Learned AGA, however, could not dispute the fact that the applicant has no criminal history.

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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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BAIL No. 30987 of 2025

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3

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Chhojer Bharchin Alias Chanjan Alias Chocho Alias Chandra , 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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January 12, 2026

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Ravi Prakash

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

Chhojer Bharchin Alias Chanjan Alias Chocho Alias Chandra v. State of U.P.

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Chhojer Bharchin Alias Chanjan Alias Chocho Alias Chandra v. State of U.P.

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