Kishun Chauhan Vs State of Upand 2 Others

Neutral Citation No. - 2025:AHC:29565

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1735 of 2025

Applicant :- Kishun Chauhan Opposite Party :- State Of Upand 2 Others Counsel for Applicant :- Lalji Yadav,Yashpal Yadav

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Ms. Ankita Pandey, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State, and perused the material placed on record.

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This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 44 of 2022, under Sections 376D, 506 I.P.C., Police Station Barwa Patti, District Kushinagar.

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Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is a close associate of co-accused Indrajeet Chauhan. Earlier, the co-accused Indrajeet Chauhan lodged an FIR against the sister of the informant on 09.11.2018 registered as Case Crime No. 737 of 2018, under Section 304 IPC, Police Station Kasiya, District Kushinagar. In the said case, charge sheet has been submitted against the co-accused persons. In counter blast to the said proceedings, the instant FIR has been lodged. The incident is alleged to have occurred on 05.07.2022. The first information report was lodged on 15.07.2022. The delay is fatal to the prosecution case. After investigation, the final report has been submitted in favour of the applicant. Thereafter, vide order dated 27.07.2023 passed in the protest petition, the final report was rejected and direction has been issued for further investigation. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the earlier, the co-accused Indrajeet Chauhan lodged an FIR against the sister of the informant, in the said case, charge sheet has been submitted against

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the co-accused persons, the incident is alleged to have occurred on 05.07.2022 and the first information report was lodged on 15.07.2022, earlier the applicant had cooperated in the investigation, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Kishun Chauhan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) BNSS on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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; and,

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 3.3.2025

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Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Kishun Chauhan v. State of Upand 2 Others

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