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Allahabad High Court

MUKESH KUMAR CHAUDHARYversusSTATE OF U.P.

Decided

Holding

The Court held that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Summary

The applicant, Mukesh Kumar Chaudhary, filed a bail application in Criminal Misc. Bail Application No. 29490 of 2026 seeking enlargement of bail in a case (Crime No. 313 of 2025) involving alleged recovery of fake currency. He contended that he was not named in the FIR, had no fake currency recovered from his possession, and that the co-accused had already been granted bail. The State opposed, highlighting the applicant's dismissal from service following a departmental enquiry. After considering the submissions and the nature of the allegations, the Court held that the applicant is entitled to bail during the trial, without expressing any view on the merits. The Court ordered his release on personal bond with two sureties, subject to standard bail conditions, and directed verification of sureties' identities.

Issues considered

  • Whether the applicant is entitled to bail under Sections 318(3), 62 and 351(3) of the Criminal Procedure Code given the facts alleged in the FIR.
  • Whether the applicant's alleged non‑involvement and lack of recovery of fake currency justify granting bail.
  • Whether the applicant's dismissal from service is a ground to deny bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • fake currency
  • sureties
  • pendency of trial
  • presumption of innocence

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 29490 of 2026

Mukesh Kumar Chaudhary
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)      : Anupam Kumar Shukla, Shiv Sharan
                                Tripathi
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.

This bail application has been moved on behalf of applicant seeking
enlargement on bail in Case Crime No. 313 of 2025, under Sections
318(3), 62, 351(3), 179 B.N.S., P.S. Delhi Gate, District Aligarh.

Learned counsel for the applicant submits that the applicant has not
committed any offence as alleged in the FIR and is innocent. It is
submitted that the applicant was not named in the subject FIR. It is further
submitted that the alleged recovery of fake currency was made from the
possession of co-accused Zikrul Hasan @ Rocky, who has already been
enlarged on bail by a co-ordinate Bench of this Court vide order dated
10.12.2025 passed in Criminal Misc. Bail Application No. 43447 of 2025.
No any fake currency has been recovered from the possession of the
applicant. The criminal history of the applicant has been duly explained in
the supplementary affidavit. The applicant has been languishing in jail
since 13.07.2026. It is further submitted that the applicant undertakes that,
in the event of being enlarged on bail, he shall not misuse the liberty of
bail and shall cooperate with the trial. It has also been submitted that,
having regard to the heavy pendency of cases before the Court, there is no
likelihood of the trial being concluded in the near future.

The prayer for bail has been vehemently opposed by learned A.G.A.
                                                        BAIL No. 29490 of 2026
                                2


Learned A.G.A. has drawn the attention of the Court to the counter-
affidavit filed on behalf of the State and submits that the applicant has
already been dismissed from service pursuant to a departmental enquiry.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the 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 expressing any opinion on the merits of the case,
the instant bail application is allowed.

Let applicant, Mukesh Kumar Chaudhary be released on bail in the
aforesaid case on his executing a personal bond and furnishing two
sureties each in the like amount to the satisfaction of the court concerned
subject to the following conditions:-

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). The applicant shall not directly or indirectly make any 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 to any police
officer or tamper with the evidence.

It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
                                                                                           BAIL No. 29490 of 2026
                                                                   3


                                    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 29, 2026
                                    Brijesh




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

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