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2025 DAILYLAW 112397 (ALL)

SURAJ CHAUHAN v. STATE OF U.P.

BAIL/46865/2024 · 2025-02-12

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21168 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46865 of 2024 Applicant :- Suraj Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Pandey,Sanjeev Kumar Khare,Satya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Vakalatnama filed by Sri Amrendra Pratap Singh, learned counsel for the first informant, in the Court today is taken on record. Heard learned counsel for the applicant, Sri Arimardanlearned AGA for the State-respondents, Sri Amrendra Pratap Singh, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Suraj Chauhan, seeking enlargement on bail in Case Crime No. 206 of 2024, under Sections 137(2), 87 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Shadiabad, District- Ghazipur. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.11.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that no allegation of sexual assault or harm has been levelled in the statement of the victim. Nothing incriminating has been recovered from the possession of the applicant. Only general allegation has been made against the applicant. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Suraj Chauhan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 13.2.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad