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

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

What the court decided

AI extract

Outcome

Applicant Vijay Chauhan to be released on bail in Case Crime No. 717 of 2024 on furnishing a personal bond and two reliable sureties of like amount to the satisfaction of the court concerned, subject to five conditions covering inducement/witness tampering, intimidation of prosecution witnesses, personal presence at opening of case/framing of charge/recording of statement under Section 351 B.N.S.S., an undertaking against adjournments when witnesses are present, and presence on each fixed date personally or through counsel; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether Vijay Chauhan, accused in Case Crime No. 717 of 2024 under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 during pendency of the trial. +1 more

Court's answer

Considering the totality of facts, nature and evidence reflected from the record and the provision of Section 19(4) of the Act, and without expressing any opinion on the merits of the case, the Judge found it a fit case for bail and allowed the application.

Ratio / Principle

Ordered release of the applicant on bail upon furnishing a personal bond and two reliable sureties of the like amount, subject to five conduct conditions (no inducement/threat/promise or witness tampering; no pressurising of prosecution witnesses; personal presence at opening of case, framing of charge and recording of statement under Section 351 B.N.S.S.; undertaking not to seek adjournments when witnesses are present; presence on each date personally or through counsel); breach of any condition to be a ground for cancellation of bail.

Key takeaways

Clarified that anything said in the order is limited to determination of the bail application and shall in no way be construed as an expression on the merits of the case; the trial court is absolutely free to arrive at independent conclusions unaffected by this order.obiter¶20

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Allahabad (Ashutosh Srivastava, J., Court No. 68), CRIMINAL MISC. BAIL APPLICATION No. 7224 of 2025, order dated 16.4.2025 (Neutral Citation 2025:AHC:57031). Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by applicant Vijay Chauhan for bail in Case Crime No. 717 of 2024 under Sections 2(b)(i)/3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Khalilabad, District Sant Kabir Nagar. Counsel stated one case of criminal history had been sufficiently explained and the applicant was neither member/leader/organizer of a gang nor had abetted or assisted gang activities under clause (b) of Section 2; the learned AGA pointed out no other case. Applicant in jail since 13.02.2025; trial unlikely to conclude early. Considering the totality of facts, nature and evidence and the provision of Section 19(4) of the Act, and without expressing any opinion on merits, the Judge found it a fit case for bail and ALLOWED the application, directing release on a personal bond with two reliable sureties subject to five conditions (including in-person presence for opening of case, framing of charge and recording of statement under Section 351 B.N.S.S.), breach being ground for cancellation; the order is expressly limited to the bail determination and leaves the trial court free to form independent conclusions.

Neutral Citation No. - 2025:AHC:57031

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7224 of 2025

Applicant :- Vijay Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Bhagwan Dutt Pandey Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Bhagwan Dutt Pandey, learned counsel for the applicant, Shri Ramendra Pal Singh, learned AGA for the State-respondents and perused the record.

The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant- Vijay Chauhan, with a prayer to release him on bail in Case Crime No. 717 of 2024, under Section 2(b)(i)/ 3(1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Khalilabad, District Sant Kabir Nagar, during pendency of the trial.

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. One case of criminal history has sufficiently been explained.

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 13.02.2025, undertakes that he will not misuse the liberty, 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.

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.

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 .

Let applicant, Vijay 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-

(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.

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

(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 351 of B.N.S.S.

(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.

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

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

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 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.

Order Date :- 16.4.2025 SFH

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad