Ajay Chauhan vs State Of U.P.
2025 Latest Caselaw 7723 ALL

Allahabad High Court

Ajay Chauhan vs State Of U.P. on 16 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:96846
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.- 4401 of 2025
 

 
Applicant :- Ajay Chauhan
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Aashirwad Mishra, Sanjay Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

1. Heard Sri Sanjay Kumar Mishra, learned counsel for the applicant, Sri Manish Kushwaha, learned AGA for the State and perused the record.

2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Criminal Case No. 15325 of 2025 arising out of Case Crime No.0587 of 2024, under Sections 376, 313, 506 IPC, Police Station- Nichlaul, District- Maharajganj.

3. Contention of counsel for the applicant is that from bare perusal of the statement of victim recorded under Sections 180 and 183 of BNSS, it appears that the victim was in relationship with the applicant and had travelled several places along with the applicant. Subsequently, on refusal of applicant to get marry her, the FIR was lodged, therefore, no case under Section 376 IPC is made out. It is further submitted by counsel for the applicant that this Court vide order dated 08.01.2025 in Criminal Misc. Writ Petition No.23494 of 2024 has granted protection to the applicant till submission of charge sheet. In support of his contention, learned counsel for the applicant has relied upon the judgment of Apex Court in the case of Mahesh Damu Khare vs. the State of Maharashtra and another; 2024 0 Supreme (SC) and Prashant vs State of NCT of Delhi arising out of Special Leave Petition (Cri.) No.2793 of 2024. The Apex Court in the above cases held that after having consensual relationship, merely denial of marriage, even after a promise, does not constitute an offence under Section 376 IPC.

4. Learned A.G.A. has opposed the prayer for anticipatory bail.

5. Hence considering the aforesaid submissions as well as legal position mentioned above and as per the mandate of Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi); 2020 SCC Online SC 98 and without expressing any opinion on the merits of the case, the applicant is entitled to get anticipatory bail till submission of charge sheet.

6. In the event of arrest, the applicant Ajay Chauhan involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer concerned with the following conditions:-

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

(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;

(iii) The applicant shall not leave India without the previous permission of the Court;

(iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation.

(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.

8. With the aforesaid observations/directions, the application stands disposed of.

Order Date :- 16.6.2025

A.Kr.