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Allahabad High Court

SUDHANSHU CHAUHAN @ S.K. CHAUHANversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that bail should be granted to the accused, subject to strict conditions.

Summary

The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Sudhanshu Chauhan, who was in custody for offences under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed innocence, argued that a co‑accused in a similar case had already been granted bail, and asserted that he posed no flight risk or danger of tampering with evidence. The State opposed the bail but did not dispute the applicant's claim of innocence. The court examined the seriousness of the charges, the potential for witness intimidation, and the prima facie case, and concluded that despite these concerns, the criteria for bail were satisfied. Consequently, the court ordered the release of the applicant on personal bond and two sureties, subject to conditions prohibiting evidence tampering, criminal activity, witness intimidation, and mandating regular court appearances.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the nature of offences under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether there is a likelihood of the accused fleeing, tampering with evidence, or intimidating witnesses if released on bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • presumption of innocence
  • witness tampering
  • sureties
  • personal bond
  • Section 483
  • Sections 309 and 317

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
          CRIMINAL MISC. BAIL APPLICATION No. - 12217 of 2026

Sudhanshu Chauhan @ S.K. Chauhan
                                                             .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                    :   Ajay Kumar Srivastava
Counsel for Opposite Party(s)               :   G.A.

Court No. - 68
                 HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Ajay Kumar Srivastava, learned counsel for the applicant, Shri
Ramendra Pal Singh, learned AGA for the State-respondents and perused the
record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Sudhanshu
Chauhan @ S.K. Chauhan, seeking enlargement on bail in Case Crime No.
0354 of 2025, under Sections 309 (4), 317 (2) of the Bharatiya Nyaya
Sanhita, 2023, Police Station Maudarwaza, District Farrukhabad.

Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 6.12.2025. Learned counsel for the applicant
submits that similarly circumstanced co-accused Vishal has already been
enlarged on bail by co-ordinate Bench of this Court on 20.1.2026 in
Criminal Misc. Bail Application No. 1543 of 2026. Applicant has one case
of criminal antecedent, which has sufficiently been explained and there is no
likelihood of his fleeing from course of justice or tampering with evidence in
case of release on bail. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.

Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
                                                                                               BAIL No. 12217 of 2026
                                                                      2

                                    facie case, but without commenting on merit of case, a case for bail is made
                                    out.

                                    Accordingly, the bail application is allowed.

                                    Let the accused-applicant, Sudhanshu Chauhan @ S.K. Chauhan,
                                    involved in above mentioned case crime number be released on bail, on his
                                    executing a personal bond and two reliable sureties each, in the like amount
                                    to the satisfaction of the court concerned, subject to the following
                                    conditions:

                                    1. The applicant will not tamper with the evidence.

                                    2. The applicant will not indulge in any criminal activity.

                                    3. The applicant will not pressurize/intimidate the prosecution witnesses and
                                    co-operate in the trial.

                                    4. The applicant will appear regularly on each and every date fixed by the
                                    trial court, unless his personal appearance is exempted through counsel by
                                    the court concerned.

                                    In the event of breach of any of the aforesaid conditions, the court below
                                    will be at liberty to proceed to cancel his bail.



                                                                                          (Ashutosh Srivastava,J.)
                                    April 20, 2026
                                    Ravi Prakash




Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad


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