CHHAVI NATHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 33438 of 2025

Chhavi Nath
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)           : Pramod Kumar Maurya, Ram Soorat
Counsel for Opposite Party(s)      : G.A.

Court No. - 66
           HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Pramod Kumar Maurya, counsel for the applicant, Sri Rakesh
Kumar Mishra, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 228 of 2022, under Sections
147, 148, 149, 325, 323, 504, 506 and 304 of I.P.C., Police Station Kamasin,
District Banda.

3. Counsel for the applicant submitted that as per the prosecution story, the
applicant and co-accused have attacked the deceased, and other injured
persons over some dispute, in which 8 persons have received injuries.
However, the injured Lallu succumbed to his injuries, and injuries to other
injured witnesses are simple in nature. It is further submitted that during
trial, all the injured witnesses did not support the prosecution story and they
have been declared hostile by the trial court, therefore, as on date there is no
material against the applicant. It is further submitted that all the injured
persons clearly stated that it was a sudden quarrel, in which both the parties
started pelting stone and attacked each other over a petty dispute and no one
has seen the specific person causing the injury to deceased Lallu. It is further
submitted that statements of all the injured witnesses have been recorded,
therefore, there is no chance of intimidation or tampering with the witnesses.
It is further submitted that the applicant has no criminal history. It is further
submitted that charge sheet has been filed in the present case, therefore,
there is no requirement of custodial interrogation. The applicant is a law
abiding citizen and he is languishing in jail since 01.08.2023. In case, he is
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                                 2


granted bail, he will not misuse the liberty of bail and would cooperate in the
trial proceedings.

4. Per contra, learned A.G.A. for the State has vehemently opposed the
prayer for bail but could not dispute the aforesaid facts.

5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of accused and without expressing any opinion on the
merits of the case, I am of the opinion that the applicant is entitled to be
enlarged on bail. Accordingly, the bail application is allowed.

6. Let the applicant- Chhavi Nath involved in the aforementioned crime be
released on bail, on his 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 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.

ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.

7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.

9. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website
of High Court Allahabad and verified by the concerned counsel with the
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                                    undertaking that the certified copy will be filed within 15 days.

                                    10. It is further directed that the trial court shall send the release order to the
                                    concerned jail through Bail Order Management System (BOMS) to ensure
                                    early release of the applicant.

                                    11. Office is directed to send a copy of this order to the applicant through
                                    concerned Jail Superintendent via e-mail or on e-prison portal and Trial
                                    Court via e-mode within 24 hours in compliance of the order of the Apex
                                    Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
                                    Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024)
                                    10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of
                                    Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
                                    decided on 29.05.2026.



                                                                                 (Arun Kumar Singh Deshwal,J.)
                                    September 23, 2026
                                    CS/-




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