Rohit Chauhan Vs State of U.P.

Neutral Citation No. - 2025:AHC:91443

Court No. - 6

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15540 of 2025

Applicant :- Rohit Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- A.K. Singh Solanki,Pradeep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Ajit Kumar Singh Solanki, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State.

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This is fourth bail application filed by applicant-Rohit Chauhan in Case Crime No. 113 of 2020, under Sections 302, 308, 506, 323, 294, 149, 148, 147, 336, 504 IPC, Police Station Mehnagar, District Azamgarh. First, second and third bail applications of applicant were rejected vide orders dated 10.02.2021, 15.05.2023 and 22.08.2024, respectively.

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Applicant is in jail since 13.08.2020, i.e., for about four years and nine months and co-accused, Ishwar Chauhan has recently been granted bail assigning following reasons:

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“9. In the aforesaid circumstances, the Court takes note the status report dated 27.03.2025 that now trial has substantially proceeded and all witnesses of fact have been examined and now only testimony of two doctors, a police constable and Investigating Officer is remained and that P.W.-4, 5 and 6 have not supported the case of prosecution and have declared hostile at the stage of examination in chief.

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The Court also takes note that recently the co-ordinate Bench by orders dated 11.12.2024 and 13.02.2025 have been granted bail to co-accused persons mainly on ground of prolong detention, therefore, the Court is of view that since trial has now further substantially proceeded and some of witnesses have not supported the case of prosecution, therefore, taking note of above referred orders passed in case of coaccused, the applicant has also made out a case for bail.”

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Court also takes note that now only three witnesses are remained to be examined and possibility to influence witnesses does not exist. I do not find any reason or

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ground to take any other view, therefore, the applicant, who is in jail since 13.08.2020, has made out a case for bail.

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However, applicant is directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately.

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Let the applicant- Rohit Chauhan be released on bail 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 concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.

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The identity, status and residential proof of sureties will be verified by Court concerned and in case of breach of any of the conditions mentioned above, Court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.

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Order Date :- 28.5.2025 AK

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Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad

Rohit Chauhan v. State of U.P.

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