HOSHIYAR CHAUHAN ALIAS HOSHIYAR SINGH v. STATE OF U.P. AND ANOTHER
NABAIL/5512/2025 · 2025-07-10
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63680 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63680 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111022 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5512 of 2025 Applicant :- Hoshiyar Chauhan Alias Hoshiyar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.215 of 2023, under sections 420, 467, 468, 471, 120B I.P.C., P.S. Chandaus, District Aligarh. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant purchased the disputed property from the co-accused Shiv Kumar. Thereafter the said property was sold by the applicant to the father of the informant. It is next contended that co-accused Shiv Kumar and identically placed co-accused Rohit Kumar Chauhan and Kanishk Kumar have been granted anticipatory bail by this Court vide orders dated 1.2.2024, 7.1.2025, 4.7.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 14633 of 2023, 36 of 2025 and 5267 of 2025 respectively. The applicant claims parity. At this stage, there is no credible evidence to establish that the applicant had cheated the father of the informant or prepared any forged documents. During the pendency of the investigation, the applicant was granted protection till submission of police report by this court vide order dated 29.1.2024 passed in Criminal Misc. Writ Petition No. 315 of 2024. Case is purely civil in nature. Investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
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 case is purely civil in nature; co-accused Shiv Kumar and identically placed co- accused Rohit Kumar Chauhan and Kanishk Kumar have been granted anticipatory bail by this Court; at this stage, there is no substantive evidence to establish that the applicant had cheated the father of the informant or prepared any forged documents; during the pendency of the investigation, the applicant was granted protection till submission of police report by this court; the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Hoshiyar Chauhan Alias Hoshiyar Singh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (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; (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 his before the concerned court.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 11.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad