AMIT ALIAS AMITABH BACHAN CHAUHAN v. STATE OF U.P. AND ANOTHER
NABAIL/6742/2025 · 2025-08-20
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87950 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87950 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144155 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6742 of 2025 Applicant :- Amit Alias Amitabh Bachan 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 as well as Sri V.P.Tripathi, learned AGA 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) U.P. Gangster and Antisocial Activities (Prevention) Act, Police Station Pannuganj, District Sonbhadra. 3. Learned counsel for the applicant submits that according to the gang chart, one case is shown against the applicant. The proceedings of the said case have been stayed by this Court vide order dated 11.03.2025 passed in Application U/s 528 BNSS No. 8067 of 2025. It is next submited 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 solitary criminal case and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted. At this stage, there is no credible evidence to link the applicant with the offence. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that in the solitary case shown against the applicant; the proceedings of the said case have been stayed by this Court and at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Amit @ Amitabh Bachan Chauhan
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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
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 :- 21.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad