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2025 DAILYLAW 17466 (JHR)

AWDESH CHAUHAN ALIAS AWDHESH CHAUHAN v. THE STATE OF JHARKHAND

B.A./6105/2025 · 2025-07-21

Anil Kumar Choudhary

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Judgment text

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[2025:JHHC:19949] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6105 of 2025 ------ Awdesh Chauhan @ Awdhesh Chauhan aged about 53 years, S/o Basudev Chauhan, Resident of Village – Telhanda, P.O. + P.S.- Dhoraiya, District- Banka (Bihar) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. S. P. Roy, Advocate For the State : Mr. Gautam Rakesh, Addl.P.P ------ Order No.02 Dated- 21-07-2025 Heard the parties. The petitioner has been made accused in connection with Pathargama P.S. Case No.04 of 2025 corresponding to G.R. No.397 of 2025 (T. R. No.1928 of 2025) registered under Section 309 (6) of the B.N.S., 2023. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed robbery and looted the motorcycle and the mobile phone of the informant. It is submitted that the allegation against the petitioner is false. It is further submitted that the petitioner has been identified in the Test Identification Parade and he is also involved in three other cases. It is further submitted that the prayer for bail of the co-accused, has already been rejected by this Court vide order dated 17.06.2025 passed in B.A. No.4662 of 2025. It is lastly submitted that the petitioner has been in custody since 16.01.2025. Hence it is submitted that the petitioner be released on bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that keeping in view the serious nature of allegation against the petitioner as well as his criminal antecedent and the fact that the petitioner has been identified in Test Identification Parade, there is every chance of the petitioner absconding and tampering with the evidence if released on bail. It is, therefore, submitted that the petitioner ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioner as well as his chance of absconding and tampering with the evidence and his criminal antecedent, this Court is of the considered view that this is not a fit case where the above-named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Animesh/