The Single Judge granted bail to Dhurendra Chauhan in a criminal case under Sections 363, 366 IPC and 7/8 POCSO Act, finding him to be a fit case for release on personal bond and sureties.
Release from custody on personal bond and two reliable sureties to the satisfaction of the court concerned.
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Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14316 of 2018 Applicant :- Dhurendra Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- G.A.,R,K.Chaurasia,Ramesh Kumar Chaurasia
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit has been filed by Shri Raza Hasnain, learned A.G.A. for State today in the Court, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.
This bail application has been moved by the applicant Dhurendra Chauhan , who is involved in Case Crime No. 09 of 2018, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station- Rasra, District Ballia.
As per prosecution version, on 14.01.2018 at 11:00 p.m. co-accused Ashok Chauhan enticed and took away the daughter of informant / victim aged about 15 years and kept in the house of applicant. On 16.01.2018, daughter of informant/victim has been recovered from the house of applicant.
It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Co-accused Kismatiya Devi has been enlarged on bail by this Court vide order dated 22.03.2018 passed in Criminal Misc. Bail Application No. 10784 of 2018, copy of which annexed as Annexure-7 to this affidavit. The role of applicant is similar to that of co-accused. There is no criminal antecedent of applicant. Applicant is languishing in jail since 18.01.2018.
Learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application is allowed.
Let the applicant Dhurendra Chauhan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 19.7.2018/Sharad/-
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Sections 363, 366 IPC and POCSO Act.
Whether the applicant fits the criteria for bail under the relevant circumstances.
Dhurendra Chauhan
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
