Chandan vs State Of U.P.
2016 Latest Caselaw 403 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 7524 of 2015
 

 
Applicant :- Chandan
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sudhir Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned  A.G.A. and perused the record.

Learned counsel for the applicant submits that as per school records at the time of the alleged incident the age of the victim was 17 years 9 months. In fact at the time of the alleged incident the victim was major and a consenting party. In her statement recorded under Section 161 Cr.P.C. the victim has stated that she has gone with applicant to Delhi where she solemnized her marriage with applicant. The victim remained with applicant about 10 days at different places but during this period she has not made any hue and cry to save herself. Thereafter, in her statement recorded under Section 164 Cr.P.C. the victim has made false allegation of rape against the applicant and two other under the pressure of her family members. The applicant has not committed the alleged offence. False allegation has been made against him. There is no criminal history of the applicant and he is in jail since 26.05.2015.

Per contra, learned A.G.A. opposed the prayer for bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Chandan involved in Case Crime No.137 of 2015, Under Sections  363, 366, 376 IPC, 3(2) (V) SC/ST Act and 3/4 of POCSO Act, Police Station Sanehi Ghat, District Barabanki, 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:

1.   The applicant will not tamper with the evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

3.   The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to  cancel the bail of the applicant.

Order Date :- 14.3.2016

Jitendra