Allahabad High Court
Raka Chauhan vs State Of U.P. on 3 January, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36809 of 2022
Applicant :- Raka Chauhan
Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Kumar Pandey
Counsel for Opposite Party :- G.A.,Amrita Kashyap,Shams Uz Zaman
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
There is allegation against the applicant of enticement of the victim with the intention of marriage and of criminal breach of trust.
Learned counsel for the applicant submits that victim is major and she went with the applicant out of her own sweet will to Hyderabad where she lived with the applicant and entered into physical relations with him. It is further submitted that victim has falsely implicated the applicant. It is further submitted that mode of journey from Padrauna, Kushinagar to Hyderabad has not been disclosed.
The applicant is in jail since 11.05.2022 and has no criminal history to his credit.
On the other hand learned A.G.A has opposed the prayer for bail.
Learned counsel for the informant has vehemently opposed the bail application and submitted that victim in her statement under Section 161 Cr.P.C. has stated that her mental condition is not good and she is under treatment. She was enticed away by the applicant and was subjected to the alleged offence.
Having considered the rival submissions and evidence on record, this Court finds that victim went with the applicant from Padrauna, Kushinagar to Hyderabad and mode of journey is also not disclosed. However, victim travelling from both public or private mode of transport had ample opportunity to raise alarm against her alleged abduction and commission of rape. The victim had not raised any alarm rather she went with the applicant to Hyderabad and has later implicated him.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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-Raka Chauhan involved in Case Crime No.163 of 2022, under Sections 366, 376, 323, 504, 506, 406 IPC, Police Station-Kotwali Padrauna, District-Kushinagar 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.1.2023
Jyotsana
