Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29126 of 2025 Gian Chand State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Arun Kumar Sharma, Raghav Dev Garg : G.A. Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Counter affidavit filed by the State and rejoinder affidavit filed on behalf of the applicant are taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant Gian Chand with a prayer to release him on bail in Case Crime No.0360 of 2024, under Sections 379, 413, 417, 418, 424, 467, 468, 471, 120-B, 201 IPC, 3(2) of the Prevention of Damage to Public Property Act, 1984 and 4 r/w 21 of the Mines and Minerals (Development & Regulation) Act, 1957, Police Station Behat, District- Saharanpur, during pendency of trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case on the basis of ECIR/HQ/01/2024. He is languishing in jail since 25.3.2025. He further submits that in the aforesaid case the applicant has already been enlarged on bail by the Special Judge, Special Court Anti-Corruption CBI, Court No.2, Ghaziabad on 3.7.2025. It is further submitted taht no specific role has been assigned to the applicant in
Legal Reasoning
the FIR. In the FIR six accused persons are named and one persons is unknown. The named persons are said to be the partners of M/s Garhwal Stone Crusher, M/s Star Mines. It is argued that prosecution has registered four cases against the applicant in addition to this case. All the cases are related to PMLA in which the closure report has been submitted in the court. It is further argued that in Case Crime No.81 of 2006, under sections 341, 2 BAIL No. 29126 of 2025 323, 504, 341 IPC, Case Crime No.43 of 2010, under sections 341, 323, 341 IPC and Case Crime No.126 of 2023, under sections 341, 323, 504 IPC the parties have entered into compromise and final report has been submitted in all these cases. No reliable evidence regarding 'proceeds of crime' is available against the accused applicant. It is lastly submitted that the co- accused Kapil Vaisya has already been enlarged on bail by this Court vide order dated 28.7.2025 in Criminal Misc. Bail Application No.23085 of 2025 and charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. Submission is that 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. 5. Per contra, learned A.G.A. has opposed the prayer for grant of bail and submits that the accused has committed a very serious offence alongwith other co-accused persons who are named in the FIR. The investigation has been carried out by the ED reveals that the proceeds of crime to the tune of Rs.1.80 crores in cash generated from illegal mining carried out by Jai Maa Jawala Stone Crusher has been used to acquire the Garhwal Stone Crusher.
Legal Reasoning
In the said Garhwal Stone Crusher, Shri Gian Chand, Sri Sanjay Dhiman, Dharmendra Singh and Shri Sanjay Sharma are partners having partnership of 75%, 9%, 8% and 8% respectively. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:- (i) The applicant shall not tamper with the evidence or threaten the 3 BAIL No. 29126 of 2025 witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/269 of BNS. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 of BNSS is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A IPC/209 of BNS. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of BNSS If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 16, 2025 RA (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad