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2026 DAILYLAW 12643 (ALL)

NANDAN CHAUHAN v. STATE OF U.P.

BAIL/29169/2025 · 2026-10-06

Arun Kumar Singh Deshwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29169 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Abhishek Kumar Yadav, learned counsel for the applicant, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 21 of 2025, u/s 103(1) B.N.S., Police Station Syed Raza, District Chandauli, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the prosecution story, because of poor financial condition, a quarrel used to took place between the applicant and the deceased (wife) and despite demand, applicant did not give household expenses to the deceased and thereafter, the applicant has committed the murder of the deceased with the help of his family members. 4. Learned counsel for the applicant has submitted that from the statements of several villagers, it is clear that the deceased was having illicit relationship with Govind Paswan and despite objection of the applicant, she continued to have relationship and for this reason, quarrel used to took place between them and deceased herself committed suicide. It is further submitted that though there are nine prosecution witnesses, till date only five prosecution witnesses have been examined and other witnesses could not be examined for the reason that the prosecution has filed application u/s 319 Cr.P.C. to summon the accused who were named in the FIR but chargesheet was not filed against them and for that reason trial has been pending since March, 2026 for no fault on the part of the applicant. Therefore, applicant is entitled to be released on bail. It is further submitted that Versus Counsel for Applicant(s) : Abhishek Kumar Yadav Counsel for Opposite Party(s) : G.A. Nandan Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) all the fact witnesses have been examined, there is no chance of intimidation or tampering with the witness. It is further submitted that the applicant has no criminal history. The applicant is languishing in jail since 11.02.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Nandan Chauhan, involved in the aforementioned 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, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 29169 of 2025 2 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. 14. However, the court below is directed to conclude the trial, as expeditiously as possible. October 7, 2026 S.C. BAIL No. 29169 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad