RAHUL CHAUHAN @ NANHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6926/2025 · 2025-07-29
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153445 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153445 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43697 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6926 of 2025 Applicant :- Rahul Chauhan @ Nanha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dharm Trivedi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Dharam Trivedi, learned counsel for the applicant, Sri Alok Kumar Singh, learned AGA for the State. The present applicant is in jail since 22.04.2025, in Case Crime No. 28/2025, under Sections 108, 61(2), 308(5), 318(4), 338, 336(3), 340(2) BNS, Police Station Fatanpur, District Pratapgarh.
Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.02.2025 against two persons and the user of a mobile phone number stating that a dead body of the informant's brother was found hanging from a tree on
30.01.2025. Her brother had transferred some money in some suspicious account and as per the information given by some villagers some persons were demanding money from him.
4. During investigation, it came to light that the deceased had some monetary transactions with co-accused Rohit Prajapati, when the police caught Rohit Prajapati the applicant was accompanying him and, therefore, he is also made an accused in the present case. Attention has been drawn towards the annexure no. 7, whereby, the bail orders dated 29.05.2025 and 05.06.2025 granted to the co-accused, namely, Amit Singh @ Golu Chauhan and Veer Pratap Singh @ V.P. Singh have been enclosed granting bail by this Court to the aforesaid co-accused persons, therefore, the present applicant may also be enlarged on bail on the basis of principles of parity. The charge-sheet has been filed. The applicant has no prior criminal history of any kind whatsoever. 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. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 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 22.04.2025; Similarly placed co- accused persons namely, Amit Singh @ Golu Chauhan and Veer Pratap Singh @ V.P. Singh have been granted bail by this Court in Criminal Misc. Bail Application Nos. 4848 of 2025 and 5118 of 2025; 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. The bail application is allowed. Let the applicant- Rahul Chauhan @ Nanha, 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 :- 29.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench