ANSH SINGH CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/4916/2025 · 2025-08-01
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142226 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142226 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44901 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4916 of 2025 Applicant :- Ansh Singh Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Bhupendra Veer Singh,Abhishek Kumar Singh,Aman Bahadur,Pawan Kumar Maurya,Siddhant Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Bhupendra Veer Singh, learned counsel for the applicant and Sri Arun Verma, learned AGA for the State. 2. The present applicant is in jail since 30.04.2025, in case crime no. 209 of 2025, under Sections 103(1), 191(2), 190/115(2), 109(1), 351(3) of BNS at Police Station Kotwali Sadar District Lakhimpur Khiri. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned First Information Report, wherein, the specific role of assault and beating has been attributed to named accused Anmol Puri @ Bala and five unknown persons. Learned counsel for the applicant has stated that had the present applicant been present at the incident in question, he would have been implicated by name but since he was not present at the spot, he is not implicated by name. Even as per the prosecution story, the main role of firing has been attributed to accused Anmol Puri @ Bala. The present applicant is a student of BBA which is mentioned in paragraph 13 of the bail application. Since he is in jail, he could not pursue his studies. The present applicant is having no criminal history of any kind whatsoever. Further attention has been drawn towards the bail orders of co-accused Sameep Bhalla, Shantanu Awasthi, Paras, Shivam Verma and Hardik Tiwari who have been granted bail by this court, in Criminal Misc. Bail Application Nos. 3676 of 2025, 4006 of 2025, 6115 of 2025, 4175 of 2025 and 5082 of 2025, respectively, therefore, on the basis of principles of parity, the present applicant maybe enlarged on bail. While granting bail to the co-accused persons, this court has considered the fact that
main accused is Anmol Puri @ Bala. The charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail.
Further, the applicant shall abide by all terms and conditions of the bail
order, the applicant may be enlarged on bail.
5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant.
6. Without entering into merits of the issue, considering the
arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 30.04.2025; similarly placed co- accused persons, namely, Sameep Bhalla, Shantanu Awasthi, Paras, Shivam Verma and Hardik Tiwari have been granted bail by this court, in Criminal Misc. Bail Application Nos. 3676 of 2025, 4006 of 2025, 6115 of 2025, 4175 of 2025 and 5082 of 2025, respectively; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. The bail application is allowed. 8. Let the applicant- Ansh Singh Chauhan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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. (ii) 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 Penal Code/ 269 of the B.N.S., 2023. (iii) 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./ 84 of the B.N.S.S., 2023 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 Penal Code/ 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./ 351 of the B.N.S.S., 2023.
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. (v) The applicant shall not leave India without previous permission of the court.
Order Date :- 1.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench