Rajaram Chaurasiya and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:85932

Court No. - 86

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2768 of 2025

Applicant :- Rajaram Chaurasiya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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

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The present application has been moved seeking anticipatory bail in Case Crime no. 392 of 2023, under Sections 323, 504, 506, 452, 308, 325 I.P.C., Police Station Mehdawal, District Sant Kabir Nagar, with the prayer that in the event of arrest, applicants may be released on anticipatory bail.

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It has been argued by the learned counsel for the applicants that in this matter charge sheet has been filed, therefore, applicants have apprehension that they may be arrested in the abovementioned case, whereas there is no credible evidence against them. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against the applicants so far. It was also submitted that applicants undertake to cooperate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail.

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Learned A.G.A. has opposed the application for anticipatory bail and contended that since in the matter charge sheet has been filed, therefore, the applicants deserve no indulgence at this stage.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice

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and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out.

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The anticipatory bail application is rejected.

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Order Date :- 21.5.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Rajaram Chaurasiya and Another v. State of U.P. and Another

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