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2025 DAILYLAW 104859 (ALL)

CHANDAN KUMAR CHANDRAVANSI v. State of UP

BAIL/38805/2024 · 2025-04-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65739 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38805 of 2024 Applicant :- Chandan Kumar Chandravansi Opposite Party :- State of U.P. Counsel for Applicant :- Byas Kumar Prasad,Viveka Nand Maurya Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.115 of 2024, under Sections 61(2), 309(6), 309(4), 317(2) of B.N.S., Police Station - Duddhi, District - Sonebhadra. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant was not named in the F.I.R. Name of applicant was disclosed by co-accused, Munna Gupta in the police custody. He has further submitted that the said statement of co-accused, is unreliable. It is further submitted that there is no credible evidence on record to present case crime as alleged. It is also submitted that after investigation charge sheet has been filed on 21.07.2024 and cognizance has been taken by the court concerned on 14.08.2024. It is also submitted that criminal history of applicant has been explained in paragraph 11 of the rejoinder affidavit. It is further submitted that co-accused, Amarjeet Kumar Chaudhary and Munna Gupta alias Munna Kumar Sah have been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 22.01.2025 and 31.01.2025, respectively. Applicant is languishing in jail since 09.07.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. It is admitted fact that there is no previous criminal history of applicant, but gangster has been imposed upon the applicant on the later stage on the basis of pendency of present criminal case. It is also admitted fact that charge sheet has been filed and cognizance has been taken by the court concerned, name of applicant has been disclosed by co-accused, Munna Gupta alias Munna Kumar Sah. Main co-accused, Amarjeet Kumar Chaudhary has been granted bail. There is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, applicant is languishing in jail for more than nine months and there is no possibility of completion of trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Chandan Kumar Chandravansi, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 28.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad