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2025 DAILYLAW 88904 (ALL)

SHIVAM CHAUHAN v. STATE OF U.P.

BAIL/29080/2025 · 2025-08-22

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145821 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29080 of 2025 Applicant :- Shivam Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Hemendra Pratap Singh, learned counsel for the applicant, Sri Pawan Singh Pundir, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.550 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Sector- 24 Noida, District Gautam Buddha Nagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the husband of the deceased person and has been falsely implicated in the present case. The FIR is delayed by about one and half day and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons including the applicant. The son of the informant was present at the time of inquest proceedings and he has not whispered a single word about demand of dowry, as such, it is a clear-cut case of false implication. 5. Learned counsel for the applicant has further stated that the cause of death was asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 16.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that earlier on also, there was a dispute regarding demand of dowry in the year 2023 and the matter was settled with the intervention of police. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the son of the informant was present at the time of inquest proceedings, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Shivam Chauhan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 23.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad