ARJUN SINGH CHAUHAN ALIAS HANSA v. STATE OF U.P. AND ANOTHER
NABAIL/7633/2025 · 2025-09-16
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96047 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96047 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7633 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.0112 of 2024, under Sections 147, 148, 149, 336, 427, 323, 307, 406, 506 I.P.C., Police Station- Gabhana, District- Aligarh. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the role of firing has been assigned to the applicant and co-accused Manoj. In the alleged incident the informant has received three injuries, which were simple in nature. No firearm injury was found on the body of the injured. It is next contended that the nature of injuries shows that there was no intent to murder. At this stage there is no credible evidence to link the applicant with the offence. Co-accused Mohit Kumar and Tarun have been granted anticipatory bail till submission of police report by this Court vide order dated 23.8.2024 passed in Criminal Misc. Anticipatory Bail Application No.7341 of 2024. Co-accused Manoj Kumar has also been granted interim protection by this Court vide order dated 10.9.2024 passed in Criminal Misc. Anticipatory Bail Application No. 6582 of 2024. Criminal history of the applicant has been explained in para no.19 of the bail application. Investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Ravi Prakash Singh Counsel for Opposite Party(s) : G.A. Arjun Singh Chauhan Alias Hansa .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
4. Learned A.G.A. has 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 counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that as per the first information report, the role of firing has been assigned to the applicant and co-accused Manoj; all the injuries sustained by the informant/injured were simple in nature; no firearm injury was found on the body of the injured; co-accused Mohit Kumar and Tarun have been granted anticipatory bail till submission of police report by this Court; co-accused Manoj Kumar has also been granted interim protection by this Court; 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 to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Arun Singh Chauhan alias Hansa, 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 them 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 he 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 NABAIL No. 7633 of 2025 2
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 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. September 17, 2025 Manish Kr NABAIL No. 7633 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad