Nimesh Chauhan Vs State of U.P.

Neutral Citation No. - 2025:AHC:34338

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3516 of 2025

Applicant :- Nimesh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Vishwakarma,Ramesh Kumar Ojha,Vishnu Kant Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri S.K Singh, Advocate, holding brief of learned A.G.A. and perused the record of the case.

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The present bail application under Section 483 BNSS has been filed on behalf of applicant Nimesh Chauhan , with a prayer to release him on bail in Case Crime No. 361 of 2024, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station New Agra, District Agra, during pendency of the trial.

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It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. In gang-chart annexed as Annexure No. 2, three criminal cases being Case Crime No. 297 of 2023, under Section 295, 412 IPC, Case Crime No. 298 of 2023, under Section 395,412 IPC, P.S. New Agra and Case Crime No. 313 of 2023, under Section 395 IPC, Police Station Hari Parvat, District Agra, in which applicant has been enlarged on bail by coordinate Bench of this Court vide orders dated 22.12.2023 and 04.01.2024 in Criminal Misc. Bail Application Nos. 52836 of 2023, 52842 of 2023 and 53582 of 2023 respectively.

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It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no criminal history except the aforesaid case. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 04.10.2024 undertakes that he will not misuse the liberty,

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if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the applicant.

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Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed .

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Let applicant, Nimesh Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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(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.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The

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trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 7.3.2025 v.k.updh.

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

Nimesh Chauhan v. State of U.P.

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