Suraj Singh Chauhan Alias Thakur v. State of U.P.

Allahabad HC9 Apr 2025CRLA/11885/2024

Case brief

AI extract

What is this about?

Bail appeal under Section 14-A(2) SC/ST Act; offence under Sections 147, 302, 34 IPC and Sections 3(2)5(Ka), 3(2)5 SC/ST Act; crime no.106 of 2024, PS Panki, District Kanpur Nagar; parity with co-accused Sahil Kamal and Abhishek Shukla @ Monty already released on bail; bail rejection orders of Special Judge (SC/ST Act) Kanpur Nagar set aside; release on personal bond and two sureties each; bail conditions including no tampering and no witness intimidation; Allahabad High Court; 2025:AHC:56252; decided 10.4.2025.

What did the court decide?

Both appellants (Suraj Singh Chauhan alias Thakur and Deepak Pal) released on bail in case crime no.106 of 2024 on furnishing a personal bond and two sureties each, subject to specified conditions; the bail-rejection orders of the Special Judge (SC/ST Act), Kanpur Nagar set aside. ¶¶18

Suraj Singh Chauhan Alias Thakur Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the connected criminal appeals under Section 14-A(2) SC/ST Act should be allowed, the orders of the Special Judge (SC/ST Act), Kanpur Nagar rejecting the appellants' bail applications set aside, and the appellants released on bail in case crime no.106 of 2024.

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Court's answer

Taking into account the complicity of the accused persons in the incident, the nature of the offence, evidence, severity of punishment, and bail granted to other co-accused persons having similar role, the appellants made out a case for bail; the court below erred in rejecting the bail applications and its orders suffer from infirmity and illegality.

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Ratio / Principle

Both connected appeals are allowed and the impugned orders rejecting the bail applications of the appellants are set aside.

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Key takeaways

The appellants are to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before the trial court on fixed dates, no similar offence, no inducement/threat/promise to dissuade disclosure), with sureties verified before release; breach entitles the prosecution to move a bail cancellation application before this Court.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.; neutral citation 2025:AHC:56252, order dated 10.4.2025) allowed two connected criminal appeals under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act filed by Suraj Singh Chauhan alias Thakur (Criminal Appeal No. 11885 of 2024) and Deepak Pal (Criminal Appeal No. 12235 of 2024) against orders dated 5.9.2024 and 19.10.2024 of the Special Judge (SC/ST Act), Kanpur Nagar rejecting their bail applications in case crime no.106 of 2024 (Sections 147, 302, 34 IPC; Sections 3(2)5(Ka), 3(2)5 SC/ST Act, Police Station Panki, District Kanpur Nagar). Considering the complicity of the accused, the nature of the offence, the evidence, the severity of punishment, and the bail already granted to co-accused Sahil Kamal and Abhishek Shukla @ Monty who allegedly had similar roles, the Court held that the appellants had made out a case for bail, found the rejection orders vitiated by infirmity and illegality, set them aside, and directed release on a personal bond with two sureties each, subject to conditions against tampering with evidence, intimidating prosecution witnesses, absenting themselves on trial dates, committing similar offences, and inducing witnesses; breach entitles the prosecution to move for cancellation of bail before the High Court.

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Neutral Citation No. - 2025:AHC:56252

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 11885 of 2024

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Appellant :- Suraj Singh Chauhan Alias Thakur Respondent :- State of U.P. Counsel for Appellant :- Salman Ahmad Counsel for Respondent :- G.A.

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With

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Case :- CRIMINAL APPEAL No. - 12235 of 2024

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Appellant :- Deepak Pal Respondent :- State of U.P. and Another Counsel for Appellant :- Mahmudul Hasan Counsel for Respondent :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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The above two connected Criminal Appeals under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been preferred by the appellants - Suraj Singh Chauhan alias Thakur and Deepak Pal with the prayer to allow the appeals, set aside the bail rejection orders dated 5.9.2024 and 19.10.2024 passed by the Special Judge (SC/ST Act), Kanpur Nagar and release the appellants on bail in case crime no.106 of 2024 under Sections 147, 302, 34 IPC and Sections 3(2)5(Ka), 3(2)5 S.C./S.T. Act, Police Station Panki, District Kanpur Nagar.

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Since both connected criminal appeals arise out of same crime number and relate to the same dispute, they are being disposed of by a common order.

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Heard learned counsel for the appellants, learned A.G.A. for the State and perused the entire record.

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The informant instituted the FIR alleging that her son was missing since 12.3.2024 at 7:30 P.M. and she was informed by the accused Sahil that her son is admitted to hospital by the accused Deepak. The informant suspected that something wrong has been committed by Sahil and Deepak with her son.

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It is submitted by the learned counsel for the appellants that the

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appellants are innocent and have been falsely implicated in this case on the basis of suspicion only. They have not committed the present offence. Alleged offences are not attracted against them. It is also submitted that the prosecution story is totally false and fabricated. It is also submitted that in fact the deceased met with an accident and admitted to hospital where he succumbed to his injuries. It is also submitted that the co-accused Sahil Kamal and Abhishek Shukla @ Monty have been released on bail by coordinate Bench of this Court vide orders dated 17.12.2024 and 13.11.2024 passed in Crl. Misc. Bail Application No. 43680 of 2024 and Crl. Appeal No.7703 of 2024 respectively. The case of the present appellants is not distinguishable. Appellant Suraj Singh Chauhan alias Thakur is languishing in jail since 6.4.2024 whereas appellant Deepak Pal is in jail since 5.4.2024 having no criminal antecedents to their credit.

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On the other hand, learned A.G.A. opposed the Appeal and it has been vehemently submitted that ample evidence has been collected against the appellants during course of investigation. Deceased was a member of the weaker section of the Society and belonged to S.C./S.T. Community.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned orders carefully.

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In the facts and circumstances of the case and also taken into account the complicity of the accused persons in the incident, the nature of the offence, evidence, severity of punishment, bail granted to other co-accused persons having similar role in the incident, the Court is of the opinion that the appellants have made out a case for bail. The Court concerned erred in rejecting the bail applications of the appellants. The impugned orders suffer from infirmity and illegality and the same are liable to be set-aside and the appeals are liable to be allowed.

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Accordingly, both the connected appeals are allowed and the impugned orders rejecting the bail applications of the appellants are set-aside.

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Let the appellants Suraj Singh Chauhan alias Thakur and Deepak Pal involved in crime no.106 of 2024 under Sections 147, 302, 34 IPC and Sections 3(2)5(Ka), 3(2)5 S.C./S.T. Act, Police Station Panki, District Kanpur Nagar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to

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following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellants will not tamper with the evidence during the trial.

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(ii) The appellants will not pressurize/ intimidate the prosecution witness.

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(iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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(v) The appellants 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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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 10.4.2025 ss

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

Suraj Singh Chauhan Alias Thakur v. State of U.P.

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Suraj Singh Chauhan Alias Thakur v. State of U.P.

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