Allahabad High Court
Dhrup Chauhan vs State Of U.P. And 3 Others on 19 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48869 of 2022
Applicant :- Dhrup Chauhan
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Yakub Ali,M J Akhtar
Counsel for Opposite Party :- G.A.,Karuna Nand Tiwari
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Pawan Kumar Singh Advocate, holding brief of Sri Karuna Nand Tiwari, learned counsel for the informant and learned A.G.A. for the State.
There is allegation against the applicant of kidnapping of minor girl, commission of offence rape and offence under Section 3/4 of POCSO Act.
Learned counsel for the applicant submits that the age of the victim as per report of CMO is about 16 years. Given margin of two years on higher side she can be considered to be major. The victim has admitted in her statement recorded under Section 164 Cr.P.C that she went with the applicant on motorcycle to different places. She never raised any alarm or cried for help when the alleged offence of rape and kidnapping was committed by the applicant. She refused to get herself medically examined. Therefore, the alleged offence cannot be proved before the court in absence of medical report of the victim. Applicant is in jail since 30.08.2022 and has no criminal history.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Dhrup Chauhan, involved in Case Crime No.0159 of 2022, under Sections 363, 376 I.P.C and 3/4 POCSO Act, Police Station Kothibhar, District- Maharajganj 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(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 of the Indian Penal Code.
(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. 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 of the Indian Penal Code.
(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. 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.1.2023
SS
