Yashpal Alias Chhillu v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33571 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

¶2Learned counsel for the applicant submits that the F.I.R. was lodged in unknown with the allegation that some unknown persons after entering into the house in the night looted a number of gold and silver ornaments and fifty thousand rupees from the house of informant. Learned counsel further submits that applicant was arrested on the information of informer and from one recovery seven cases have been slapped upon him. Learned counsel further submits that so far as the present crime two yellow ornaments and Rs. 2,000/- alleged to have been recovered from the possession of applicant, but such recovery is false and implanted upon the applicant as there is no independent witness of the alleged recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. As to the criminal history that has been explained in para-9 of the affidavit filed in support of the bail application. He next submits that the applicant is in jail since 01.06.2025.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. Versus Counsel for Applicant(s) : Sunit Kumar, Yatish Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Yashpal Alias Chhillu .....Applicant(s) State of U.P. .....Opposite Party(s)

¶5Let the applicant-Yashpal Alias Chhillu, be enlarged on bail in Case Crime No. 186 of 2025, under Sections 305, 317(2), 317(4) of B.N.S., Police Station-Kotwali Orai, District-Jalaun, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

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

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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶6In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 26, 2025 Mustaqeem. BAIL No. 33571 of 2025 (Dr. Gautam Chowdhary,J.) High Court of Judicature at Allahabad