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2025 DAILYLAW 76399 (ALL)

SURAJ CHAUHAN v. STATE OF U.P.

BAIL/31917/2025 · 2025-10-08

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31917 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Nikhil Pathak, learned counsel for the applicant, Sri P. K. Dubye, learned counsel for the first informant, Sri Ajay Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 277 of 2025, under Sections 109, 352, 351(3), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25/27(1) of the Arms Act, Police Station Cantt., District Gorakhpur. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits it is a case of police firing in which no injury has been received by either of the party. He submits that the Police has falsely roped the applicant in various cases due to ulterior motive. The applicant is languishing in jail since 14.05.2025. The applicant has criminal antecedents of 38 cases which has been explained in the supplementary affidavit. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the applicant has placed reliance upon a decision passed in the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648, wherein the Hon'ble Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for Versus Counsel for Applicant(s) : Ashish Pandey, Nikil Pathak, Pragya Pandey Counsel for Opposite Party(s) : G.A., Pramod Kumar Dubey Suraj Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) refusal of bail. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Suraj Chauhan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 9, 2025 pks BAIL No. 31917 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad