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2025 DAILYLAW 138034 (ALL)

AMIT CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3774/2025 · 2025-07-23

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42296 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3774 of 2025 Applicant :- Amit Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Durgesh Kumar Pathak,Arun Kumar Tewari Counsel for Opposite Party :- G.A.,Jayshanker Shukla,Piyush Pathak Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.131 of 2025, under Sections 109, 115(2), 117(2), 333, 351(3), 352 of BNS, P.S. Kotwali Nagar, District Gonda. In the prosecution case it is alleged that on 18.02.2025 at about 10:00 am due to trivial dispute between the children, accused persons three in number armed with lathi, danda, iron rod started beating the informant and her husband. Learned counsel for the applicant submits that general role has been assigned to all the assailants, two persons have suffered injuries. None of the injured has suffered any grievous injury. Injuries are simple in nature. No abnormality has been detected in the injury No.1 of the injured Shailesh Tripathi. Applicant has explained the criminal history of eight cases in the bail application. The co-accused Shailja Tiwari against whom similar allegations were made has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 11.06.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.643 of 2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the nature of injuries sustained by two injured, general role assigned to the assailants, period of incarceration gone into by the applicant and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant - Amit Chauhan be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). Order Date :- 23.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench