Suraj Lallan Chauhan v. The State Of Maharashtra

WAKLE MANOJ JANARDHAN WAKLE MANOJ JANARDHAN Date: 2026.06.11 18:33:38 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.439 OF 2025 Suraj Lallan Chauhan ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents

Mr. A.K. Singh a/w Adv. K.A. Singh, Adv. Piyush A. Singh & Adv. Akansha Singh, for the Applicant.

Mr. H.J.Dedhia, APP for the Respondent No.1-State. Mr. Sushil Upadhyay a/w Adv. Saurabh Vishwakarma, for the Respondent No.2/Complainant.

PSI - Mahavir Kamble, Pelhar Police Station, present. CORAM : SHYAM C. CHANDAK, J.

DATED : 10th JUNE, 2026 P.C. :- .

Present Application seeks release of the Applicant on bail in connection with C.R. No.37 of 2024 registered with Pelhar Police Station, for the offences punishable under Sections 302, 364, 141, 143, 144, 147, 148, 149 & 120B of the Indian Penal Code, 1860. 2) Heard Mr. Singh, learned Counsel for the Applicant, Mr.Dedhia, learned APP for the Respondent No.1-State and Mr. Upadhyay, learned Counsel for Respondent No.2.

3) Perusal of the F.I.R. and the statement of the witnesses revealed that on the relevant date, at time and place, Rohan Singh, Rahul Pal, Prathamesh Dube and 7 other unknown persons had assaulted the deceased Sudhir Kunj Bihari Singh by means of sickle, bambu sticks and sharp weapon and caused his death. On the report of Vaibhav Mishra the aforesaid crime came to be registered. The Applicant came to be arrested on 13th January, 2024. Investigation culminated into filing of charge-sheet . The Bail Application filed by the Applicant came to be rejected by the trial Court.

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4) The Applicant is not named in the F.I.R. No test identification parade got conducted by the Investigating Officer to establish the identity and involvement of the Applicant in the crime. There is no witness who has seen the Applicant at the spot along with his co-accused when they assaulted the deceased. It appears that, only because the Applicant was present with his co-accused on 13th January 2024, he came to be arrested in this case. In view thereof, whether the Applicant is involved in the offence or not is the question of trial. The Applicant is behind bars for last 2 years and 5 months. There are no antecedents against the Applicant. The detention of the Applicant in jail will not serve any purpose. In similar circumstances, the co-accused has been granted bail in Criminal Bail Application No.3951 of 2024.

5) In view thereof, the Applicant is entitled for bail. Hence, following Order is passed:- (i) Bail Application is allowed.

(ii) The Applicant - Suraj Lallan Chauhan shall be released on bail in connection with C.R. No.37 of 2024 registered with Pelhar Police Station, for the offences punishable under Sections 302, 364, 141, 143, 144, 147, 148, 149 & 120B of the Indian Penal Code, 1860, on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount.

(iii) The Applicant shall mark his attendance at Pelhar Police Station, on the 1st day of each calendar month between 12:00 noon to 4:00 p.m., till the conclusion of the trial.

(iv) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing.

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(v) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness to prevent them from deposing against him. (vi) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigation Officer and shall keep him updated, in case there is any change. (vii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove.

(SHYAM C. CHANDAK, J.) 3/3