Allowed

Kamlesh Kumar Chauhan v. State of U.P. and 2 Others

Allahabad HC5 Aug 2024ABAIL/7312/2024

Case brief

AI extract

What is this about?

Hon'ble Court allowed an anticipatory bail application under Section 438 Cr.P.C. for Kamlesh Kumar Chauhan in a non-bailable offence involving theft and criminal conspiracy. The court relied on the prolonged delay in filing chargesheet and the applicant's lack of prior criminal history.

What did the court decide?

Anticipatory bail granted till conclusion of trial on personal bond and two sureties with conditions to attend court and not tamper with evidence.

Kamlesh Kumar Chauhan vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126592

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Court No. - 65

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7312 of 2024

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Applicant :- Kamlesh Kumar Chauhan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- M.S. Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Matter is taken up in the revised call.

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By means of this anticipatory bail application the applicant has prayed to be enlarged on anticipatory bail in Case Crime No. 57B of 2006 under Sections 409, 420, 467, 468, 471, 477A, 120B, 34 I.P.C., Police StationReoti, District-Ballia.

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The bail application of the applicant was rejected by the learned trial court on 04.01.2024.

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The following arguments made by Shri M. S. Chauhan, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Shrawan Kumar Dubey, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant is a law abiding citizen who cooperated in the investigations.

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The F.I.R. was got lodged on 09.05.2006. However, the

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chargesheet has been filed on 12.09.2022. The cognizance has been taken on 10.11.2023.

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Failure of the police authorities to file the chargesheet for more than one and half decade discredits the prosecution case.

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The chargesheet has been in a mechanical manner to avoid departmental action.

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The applicant was not named in the F.I.R.

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The applicant is a fair price shop dealer. The storage and distribution registers being maintained by the applicant can be fully reconciled with the stocks available to him.

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The applicant undertakes that he shall not abscond and will fully cooperate in the investigations. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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The applicant does not have any criminal history apart from this case.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on anticipatory bail.

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In the light of the preceding discussion and without

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making any observations on the merits of the case, the anticipatory bail application is allowed.

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Let the applicant- Kamlesh Kumar Chauhan is granted anticipatory bail till the conclusion of the trial in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall attend the Court proceedings as and when required.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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

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Order Date :- 5.8.2024 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Kamlesh Kumar Chauhan v. State of U.P. and 2 Others

Case brief

What is this about?

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Kamlesh Kumar Chauhan v. State of U.P. and 2 Others

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