Allowed

Himanshu Chaudhary @ Cheeni v. State of U.P. through Home Secretary,Govt of Up

Allahabad HC18 Feb 2022BAIL/5371/2022

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangster Act, the single-judge bench allowed the plea without expressing an opinion on the merits. The High Court released the applicant on personal bond and two local sureties subject to standard bail conditions.

What did the court decide?

The applicant to be released on bail on furnishing a personal bond and two local sureties subject to conditions against tampering with evidence or witnesses and appearance on fixed dates.

Himanshu Chaudhary @ Cheeni Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5371 of 2022

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Applicant :- Himanshu Chaudhary @ Cheeni Opposite Party :- State Of U.P. Through Home Secretary,Govt Of Up

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Counsel for Applicant :- Araf Khan,Tauseef Khan Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Tauseef Khan, learned counsel for the applicant and Sri Saurabh Srivastava, learned A.G.A. appearing for the Staterespondent.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 581 of 2021, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kwarsi, District Aligarh.

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Learned counsel for the applicant submitted that the F.I.R. has been lodged against him on false allegation with an oblique motive. He further submitted that the applicant has been falsely roped in two criminal cases mentioned in the gang chart and he has been enlarged on bail in both cases namely Case Crime No. 99 of 2021, under Sections 364A, 342, 34 IPC, Police StationKwarsi, District-Aligarh, in which the applicant has been enlarged on bail by means of an order dated 07.01.2022 passed by this Court in Criminal Misc. Bail Application No. 49296 of 2021 and in another case namely Case Crime No. 127 of 2021, under Section 307 IPC, P.S. Kwarsi, District Aligarh, in which the applicant has been enlarged on bail by means of an order dated 22.04.2021 passed by learned Additional District & Sessions Judge, Court No. 14, Aligarh.

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Learned counsel for the applicant further submitted that the applicant has claimed that he enjoys a good reputation in the society and he specifically undertakes not to misuse the terms and conditions of bail order and to co-operate with the prosecution as he has not been convicted in any other criminal case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. Learned counsel for the applicant further submitted that there is no criminal history of the applicant except the present case and he is languishing in jail since 05.02.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the

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applicant.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record and without expressing any opinion on merit of the case, I am of view that the applicant is entitled for bail. Accordingly, the bail application is allowed.

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Let the applicant- Himanshu Chaudhary @ Cheeni involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation before this Court.

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Order Date :- 18.2.2022 SA

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Digitally signed by SALMAN ALI Date: 2022.02.21 10:55:43 IST Reason: Location: High Court of Judicature at Allahabad

Himanshu Chaudhary @ Cheeni v. State of U.P. through Home Secretary,Govt of Up

Case brief

What is this about?

What did the court decide?

Himanshu Chaudhary @ Cheeni v. State of U.P. through Home Secretary,Govt of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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