Allowed

Dhananjay Singh Chauhan and Another v. State of U.P.

Allahabad HC28 Apr 2025BAIL/6617/2025

Case brief

AI extract

What is this about?

The High Court granted bail to accused applicants charged with attempt to murder and Arms Act offences. The court found a prima facie case for bail despite apprehension of witness tampering and noted no police injury occurred.

What did the court decide?

Release on bail with personal bond and two sureties each on conditions to prevent tampering and intimidate witnesses.

Dhananjay Singh Chauhan and Another vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:65354

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6617 of 2025

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Applicant :- Dhananjay Singh Chauhan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ananya Upadhyay,Rakesh Chandra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicants, Sri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicants, Dhananjay Singh Chauhan and Ram Niwas @ Shriniwas, seeking enlargement on bail in Case Crime No. 14 of 2024, under Sections 307 IPC & Section 3/25, 27 Arms Act, Police Station- Madihan, District- Mirzapur.

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Learned counsel for the applicants argued that the accusedapplicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 10.12.2024. Learned counsel for the applicants submits that it is a no injury case as no police personnel has received any injury. The applicant himself has sustained injury. Recovery of two pistol, two live cartridge and two empty cartridge of 315 bore has been shown, but the same are totally false and fabricated. The applicant has criminal antecedent of one case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicants, Dhananjay Singh Chauhan and Ram Niwas @ Shriniwas , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicants will not tamper with the evidence.

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The applicants will not indulge in any criminal activity.

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The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.

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Order Date :- 28.4.2025 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Dhananjay Singh Chauhan and Another v. State of U.P.

Case brief

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Dhananjay Singh Chauhan and Another v. State of U.P.

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