Guddu Chaudhary vs State Of U.P. And 3 Others
2023 Latest Caselaw 37 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42372 of 2022
 

 
Applicant :- Guddu Chaudhary
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Rajiv Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.

As per office report dated 08.11.2022, notice to the informant has been served personally.

Heard Sri Rajiv Dwivedi, learned counsel for the applicant as well as Sri Viresh Kumar Gupta, learned Brief Holder for the State and perused the material placed on record.

The instant bail application has been filed u/s 439 of Cr.P.C. on behalf of the applicant with a prayer to release him on bail in Case Crime No. 303 of 2021, under Sections 363, 366, 376(2)(N) of IPC and Sections 5(J)/6 of POCSO Act, Police Station Valtarganj, District Basti, during the pendency of trial.

As per prosecution story, some unknown persons are stated to have enticed away the minor sister of the informant on 20.11.2021 at about 10:00 AM.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant was neither named in the FIR nor involved in any such offence as alleged in the FIR. Learned counsel has further stated that the victim is a consenting party and is stated to have married the applicant out of her own sweet will. To buttress his arguments, learned counsel has placed much reliance upon the statement of the victim recorded u/s 164 Cr.P.C. wherein she has categorically stated that she was ravished by one Sonu and had left her and went to Kerala and later on, she had gone with the applicant out of her own sweet will and is living with him since last five months and is pregnant. In her statement, she has also divulged her age to be 18 years.

Learned counsel has also placed much reliance on the judgments of Apex Court passed in case of Pramod Suryabhan Pawar vs. State of Maharashtra and Another reported in 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, reported in 2022 SCC OnLine SC 886, wherein it has been stated that entering into any kind of corporeal relationship with a person on the pretext of getting marriage cannot be termed as rape. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. The applicant is languishing in jail since 26.05.2022 having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.

Per contra, Sri Viresh Kumar Gupta, learned Brief Holder has vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant has no criminal history.

Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Guddu Chaudhary involved in aforesaid crime 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 that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 2.1.2023

Siddhant