Chandrapal @ Chinu vs State Of U.P.
2019 Latest Caselaw 5770 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16968 of 2019
 

 
Applicant :- Chandrapal @ Chinu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjay Kumar Yadav,Mohit Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Tripathi,J.

Supplementary affidavit filed on behalf of applicant is taken on record.

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

This bail application has been moved by the applicant who is involved in Case Crime No. 401 of 2018, under Sections 363, 376 I.P.C. and 3/4 Protection of children from Sexual Offences Act, Police Station-Nakud, District-Saharanpur.

As per prosecution version, on 01.09.2018 at about 07.30 P.M., applicant enticed and took away the prosecutrix, aged about 15 years. Later on prosecutrix informed the informant that she is in Delhi. The brother of the informant had gone to Delhi and took the prosecutrix at his residence on 04.09.2018. Thereafter, first information report was lodged.

Learned counsel for the applicant contended that prosecutrix is major. She had gone with the applicant on her own sweet will. There is no any evidence on record to show that any intoxicated substance was administered to the prosecutrix. First information report has been lodged after consulting the prosecutrix, even so there was no any allegation of rape against the applicant and only applicant was named in the first information report. Later on after consultation and legal advice, prosecutrix has made false allegation of rape against the applicant in her statement under Section 164 Cr.P.C. Applicant is languishing in jail since 06.10.2018 having no criminal antecedents.

Per contra, learned A.G.A., has opposed the prayer for bail and submitted that as per medical report, age of prosecutrix is 17 years.

Prosecutrix in her statement under Section 164 Cr.P.C. admitted this fact that applicant was known to her. Applicant told her to go with him as he has already asked from her father.

Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Chandrapal @ Chinu, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

Application stands allowed.

Order Date :- 8.7.2019/AKT