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2025 DAILYLAW 193920 (ALL)

KISHAN CHAUHAN v. STATE OF U.P.

BAIL/34542/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34542 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vishal Jaiswal, learned counsel for applicant, Sri Yogesh Mishra, learned State Law Officer for the State. 3. This is the second bail application on behalf of the applicant. The first one was rejected by this Court vide order dated 15.04.2025 passed in Criminal Misc. Bail Application No.12159 of 2025. 4. The present bail application has been filed by the applicant in Case Crime No.35 of 2025, under Sections 376, 506, 509 I.P.C. and 66E, 67A I.T. Act, Police Station Cholapur, District Varanasi with the prayer to enlarge him on bail. 5. Learned counsel for the applicant has stated that as a new ground, no prosecution witness has been examined to date. Only charge has been framed against the applicant and despite coercive measures being taken to summon the informant and the victim, they are not appearing before the court. The applicant is in jail since 02.02.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. After hearing learned counsel for the parties and taking into consideration the fact that no new ground is there for pressing the second bail application, Versus Counsel for Applicant(s) : Rituraj Singh, Vishal Jaiswal Counsel for Opposite Party(s) : G.A. Kishan Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 8. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 9. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. October 14, 2025 (Ravi Kant) BAIL No. 34542 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad