Chandar Singh Shivaji Chauhan @ Chandesh Shivaji v. Shashi Dhar Shukla

Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant Chandar Singh Shivaji Chauhan @ Chandesh Shivaji Chauhan with a prayer to release him on bail in Case Crime No. 01 of 2018, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., Police Station EOW Varanasi, District Varanasi during pendency of trial.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. He further submits that as per the allegation contained in the F.I.R., applicant and other co-accused are said to be the director of the company Astha Goat Forming India Private Limited and it has been stated by the prosecution that Rs. 26 lakh was misappropriated by the accused applicant and other co-accused persons named in the F.I.R., however no specific details has been submitted by the prosecution in this regard. Alleged incident was occurred on 25.05.2009 by adam Tehrir, whereas the F.I.R. was lodged at very belated stage on 20.12.2018, and there is no plausible explanation regarding the inordinate delay occurred in lodging of the F.I.R. He further submits that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the possession of the applicant. He further submits that co-accused Ramdhani has already been enlarged on bail by the coordinate Bench of this Court vide order dated 10.09.2025 passed in Criminal Misc. Bail Application No. 30927 of

2025. He further submits that applicant has criminal history of three cases and the same has been duly explained in the para 25 of the affidavit filed in support of the bail application. He further submits that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is 2 BAIL No. 36995 of 2025 ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Applicant is languishing in jail since 23.08.2022.

Per contra, learned A.G.A. has vehemently opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, but he could not dispute the aforesaid fact. He further contended that charge-sheet has already been filed in this case on 11.08.2022.

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 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 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 I.P.C./269 B.N.S. (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 B.N.S.S. 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 I.P.C./209. B.N.S. (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 B.N.S.S. 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 3 BAIL No. 36995 of 2025 Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 28, 2025 Bhanu (Santosh Rai,J.)