Ishwar Chauhan vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Ishwar Chauhan vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Ishwar Chauhan on bail in Case Crime No.113 of 2020 on furnishing a personal bond and two sureties each in the like amount, subject to imposed conditions: (i) no tampering with prosecution evidence and no harm/harassment of victim/complainant; (ii) undertaking not to seek adjournment or exemption from appearance at trial, failing which the Trial Court may treat it as abuse of liberty of bail; (iii) no misuse of bail liberty, failing which proclamation under Section 82 Cr.P.C. may be issued and proceedings under section 174-A I.P.C. initiated on failure to appear; (iv) the Trial Court to endeavour to conclude the trial expeditiously, preferably within six months after release, if there is no other legal impediment; identity, status and residential proof of sureties to be verified by the court concerned, with liberty to cancel bail on breach of any condition.

Issue for consideration

Whether the applicant Ishwar Chauhan, a fourth-time bail applicant in custody since 13.08.2020, should be released on bail in Case Crime No.113 of 2020 (Police Station Mehnagar, District Azamgarh) registered under Sections 302, 308, 506, 323, 294, 149, 148, 147, 336, 504 I.P.C., given the substantial progress of the trial, the turning hostile of alleged eye-witnesses, and bail already granted to co-accused persons.

Court's answer

The Court took note of the status report dated 27.03.2025 that the trial has substantially proceeded, all witnesses of fact have been examined, only testimony of two doctors, a police constable and the Investigating Officer remains, and P.W.-4, 5 and 6 have not supported the case of prosecution and were declared hostile at the stage of examination in chief.

Ratio / Principle

Since the trial has further substantially proceeded and some witnesses have not supported the case of prosecution, taking note of the bail orders dated 11.12.2024 and 13.02.2025 passed in favour of the co-accused persons (granted mainly on ground of prolong detention), the applicant has also made out a case for bail.

Key takeaways

The bail application is allowed and the applicant Ishwar Chauhan is to 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, subject to the conditions imposed in the interest of justice.ratio¶18
It is expressly clarified that the observations made in the judgment are only for the purpose of adjudicating the present bail application.obiter¶24

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Saurabh Shyam Shamshery, J.), Criminal Misc. Bail Application No. 7692 of 2025, decided 2.4.2025 — Bail ALLOWED (fourth bail application) of Ishwar Chauhan in Case Crime No.113 of 2020, Police Station Mehnagar, District Azamgarh, under Sections 302, 308, 506, 323, 294, 149, 148, 147, 336, 504 I.P.C. Grounds relied upon: (a) incarceration since 13.08.2020 (about 4 years 7 months); (b) Trial Court status report dated 27.03.2025 (sought pursuant to this Court's order) showing 7 of 13 prosecution witnesses examined and prosecution proposing only 4 remaining witnesses — two Doctors, a police constable and the Investigating Officer — i.e. trial substantially proceeded with all witnesses of fact examined; (c) P.W.-4, 5 and 6 having not supported the prosecution case and declared hostile at examination-in-chief (while evidence of P.W.-1 and P.W.-2 remained consistent against the applicant, as noted from the A.G.A.'s submissions); (d) parity — co-ordinate Bench bail orders dated 11.12.2024 and 13.02.2025 for two co-accused persons, granted mainly on ground of prolong/prolonged detention. Prior history: applicant's third bail application rejected 24.01.2024; third bail application of co-accused Rohit Chauhan rejected by this Court on 22.08.2024 (that order not placed on record; counsel apologised). Conditions imposed: undertaking against seeking adjournments/exemption; safeguard provisions involving proclamation under Section 82 Cr.P.C. and initiation of proceedings under section 174-A I.P.C. upon misuse/non-appearance; Trial Court directed to conclude the trial preferably within six months of release; surety verification mandated with liberty to cancel bail on breach; all observations expressly confined to adjudication of this bail application. No monetary quantum stated; no precedent case named or engaged with in the judgment body.