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2025 DAILYLAW 127486 (ALL)

SUBHASH SINGH CHAUHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO

BAIL/2360/2025 · 2025-04-02

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18153 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2360 of 2025 Applicant :- Subhash Singh Chauhan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko Counsel for Applicant :- Vishnu Dev Shukla Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavits filed today are taken on record. 2. Heard learned counsel for the applicant as well as Sri Shaunak Singh, learned A.G.A. and perused the record. 3. The present application has been filed on behalf of the applicant seeking enlargement on bail in Case Crime/FIR No.286 of 2020, under Sections 302/34 IPC, Police Station Baldirai, District Sultanpur. 4. This is a fourth bail application. The third bail application was rejected by this Court on 08.05.2024. While doing so, this Court had noticed that in terms of the FIR, allegations were leveled against the applicant as well as one Jai Karan of burning the girl aged about 17 years alive. The said allegations were corroborated by the dying declaration, which was also recorded, wherein the applicant and the said Jai Karan were specifically named. In the light of the said, the bail application was rejected. 5. While arguing the present bail application, the counsel for the applicant argues that the Doctor, as in his statement has not supported the fact that the girl in question was burnt by pouring kerosene oil on her. My attention is drawn on the statement of the Doctor, wherein in cross examination he stated that he could not notice the smell of kerosene/petrol etc. on the body of the victim and he could also not disclose the reason for the burn injuries sustained by the victim. Supplementary affidavit has been filed today, wherein the Tehsildar before whom the dying declaration was recorded has supported the factum with regard to recording of the dying declaration, the said statement corroborates the dying declaration, which is on record as Annexure No. 7. 6. Considering these facts, prima facie, the offence is of heinous nature and a daredevilry by which, a girl aged about 17 years was burnt to death by the applicant as well as the co-accused Jai Karan, whose bail application has already been rejected, does not deserve to be enlarged on bail. More so, when the offence took place at a public place, I do not see any reason to enlarge the applicant on bail. The bail application is rejected. Order Date :- 2.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench