KHARPATTU CHAUHANversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 23704 of 2026

Kharpattu Chauhan
                                                              .....Applicant(s)
                                    Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                     :   Suneel Kumar Yadav
Counsel for Opposite Party(s)                :   G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the applicant, learned AGA for the State and
perused the record.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 0411 of 2025, under Section 316(5) BNS, Police
Station Bardah, District Azamgarh, during the pendency of trial.

It is argued by the learned counsel for the applicant that applicant is
innocent and has been falsely implicated in the present case due to ulterior
motive. Criminal history of the applicant has been duly explained in para
11 of the bail application. At this stage, learned counsel for the applicant
has drawn the attention of the Court to para '2' of the supplementary
affidavit filed on behalf of the applicant to submit that applicant is ready
and willing to pay the amount of Rs. 3,46,009.57/- to the informant within
two months after his release on bail. The applicant is languishing in jail
since 17.5.2026 and in case they are released on bail, they will not misuse
the liberty of bail.

Per contra, learned AGA, however, opposed the prayer for bail, but could
not dispute the above facts.

Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial. Accordingly, without
                                                                                           BAIL No. 23704 of 2026
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                                    expressing any opinion on the merits of the case, the instant bail
                                    application is allowed.

                                    Let the applicants-Kharpattu Chauhan 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:-

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

                                    (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.

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

                                    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.

                                    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 merits of the case
                                    during trial.



                                                                                       (Jai Prakash Tiwari,J.)
                                    September 9, 2026
                                    Brijesh




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