Allowed

Abhishek Chauhan v. State of U.P.

Allahabad HC25 May 2022BAIL/11826/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application regarding charges of extortion and criminal breach of trust, the court released the applicant on personal bond and two sureties, noting the absence of public witnesses and the bail of a co-accused.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions not to tamper with evidence and to attend court.

Abhishek Chauhan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11826 of 2022

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Applicant :- Abhishek Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Juned Alam, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 407 of 2021, under Sections- 394 and 411 IPC, Police Station Taryasujan, District Kushinagar with the prayer to enlarge him on bail.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and in jail since 21.11.2021.

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Submission of the learned counsel for applicant is that the FIR was lodged against unknown person on 21.10.2021. Thereafter, as per case of prosecution the applicant and along with four others were apprehended on 21.11.2021 and were implicated in a case of firing on police party, which was registered as Criminal Case No. 296 of 2021 under Section 307 I.P.C..

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Learned counsel for the applicant has further submitted that to connect with the present crime, the prosecution has shown the recovery of motorcycle Hero HF Deluxe, one knife and Rs. 1550/- from the possession of the applicant and the amount in the FIR has been indicated to the tune of Rs. 80,000/-. It further appears from the FIR that pulsar motorcycle and 200 gm. silver was also stolen, which has not been recovered from the possession of the applicant. As such it is clear that the implication is completely false. It is also stated that the criminal history has been explained in paragraph-17 of the affidavit filed in support of the bail application as also in paragraph-2 of the supplementary affidavit filed today. It is further submitted that there is no independent witness to support the story of prosecution and the possibility of conclusion of trial in the near future is very bleak. It is further submitted that co-accused Amresh Giri @ Shaka Pandit having similar role has been

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granted bail by this Court vide order dated 05.05.2022 passed in Criminal Misc. Bail Application No. 10463 of 2022.

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It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.

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Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances and keeping in mind that there is no public/independent witness in the instant case and the coaccused has already been released on bail and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Abhishek Chauhan be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 25.5.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.26 16:00:42 IST Reason: Location: High Court of Judicature at Allahabad

Abhishek Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhishek Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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