Abhishek Chauhan v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49503 of 2023 Applicant :- Abhishek Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Bhriguram Ji,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Nilesh Kumar Pandey, Advocate, holding brief of Sri Shashi Shekhar Maurya, learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

¶2The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 571 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Gida, District-Gorakhpur, during the pendency of the trial.

¶3Learned counsel for the applicant submits that according to the gang chart, one case i.e. Case Crime No. 195 of 2023, has been shown against the applicant on which basis the proceeding of Gangster Act has been initiated against the applicant and in that case the applicant has been enlarged on bail. The bail order have been annexed as Annexure Nos. 3 to the affidavit. It is further contended that the applicant is neither a gang leader nor a member of any gang. The applicant is in jail since 20.09.2023.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the development as above and the fact that after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Abhishek Chauhan, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; and,

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.12.2023 S.Verma High Court of Judicature at Allahabad