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2025 DAILYLAW 52323 (ALL)

RAJKARAN CHAUHAN v. STATE OF U.P. AND ANOTHER

NABAIL/3455/2025 · 2025-08-06

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134052 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3455 of 2025 Applicant :- Rajkaran Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.154 of 2024, under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Pannuganj, District Sonbhadra. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. According to the gang chart, three cases are shown against the applicant and the proceedings of the said cases have been stayed by this Court vide orders dated 11.3.2025, 10.3.2025 and 3.3.2025 respectively. Apart from the said cases, the applicant is involved in nine cases. In three cases the applicant has been enlarged on bail, in three cases the proceedings have been stayed by this Court, in two cases final report has been filed and in one case the applicant has been granted interim protection. Investigation is pending. The applicant has apprehension of his arrest in the above mentioned case. 4. He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that the proceedings of the cases shown in the gang chart have been stayed by this court, further out of nine cases, in three cases the applicant has been enlarged on bail, in three cases the proceedings have been stayed by this Court, whereas in two cases final report has been submitted and in one case the applicant has been granted interim protection, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant Rajkaran Chauhan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 7.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad