SUBAS CHAUHAN @ SUPASH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
NABAIL/423/2025 · 2025-05-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139065 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26671 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 423 of 2025 Applicant :- Subas Chauhan @ Supash Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Arshad Hafeez Khan, the learned counsel for the applicant as well as Sri Rajiv Kumar Verma, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.91 of 2025, under Section 108 B.N.S., registered at Police Station Rampur Mathura, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.03.2025 alleging that the dead body of the informant's daughter was hanging from a tree on 24.02.2025, regarding which an information was given to the police and her postmotem examination was conducted. Upon making enquiries the informant came to know that the applicant used to harass his daughter. The informant's daughter had told about one month prior to the incident that the applicant used to harass her while she was on the way to school. The informant had complained about it to the family members of the applicant. Some people told him that the applicant used to stalk the informant's daughter and to ask her to marry him. She committed suicide for this reason. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is a young man aged 21 years, he is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. The learned A.G.A. has opposed the prayer for anticipatory bail and he has produced the relevant extracts of case diary for perusal of the court, from which it appears that the information of death of the informant's daughter was registered at 23.20 Hrs. on 24.02.2025 and no allegation was levelled against any person in this information. 6. In the statement of the informant recorded under Section 180 BNSS he reiterated the F.I.R. version.
Some witnesses have stated that the applicant used to stalk the deceased for the past one year and they have stated that the deceased possibly committed suicide due to this reason. 7. The learned A.G.A. has pointed out that it is recorded in the case diary that when the Investigating Officer went to the applicant's house it was found locked and some neighbors told that he is absconding since the incident. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the initial information of the incident given to the police the informant had not made any allegation of the applicant's involvement in the incident; that the F.I.R. has been lodged about a month after the incident in which the informant alleged that the deceased had told about one month prior to the incident that the applicant used to harass her; that the witnesses have also supported the informant's version and they have stated that the applicant used to stalk the deceased; that the allegations do not prima facie make out a case of abetment for commission of suicide coupled
with the fact that the applicant is a young man having no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Subas Chauhan @ Supash before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i).
that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 7.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench