The Court allowed bail to the applicant, Ishu Chaurasiya, involved in offenses under sections 363, 366, 376 IPC and the POCSO Act, considering prima facie case based on victim's statement and lack of tampering risk.
The applicant may be enlarged on bail by executing a personal bond and two sureties on specified conditions.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20716 of 2018
Applicant :- Ishu Chaurasiya Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Bind Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
Submission of the counsel for the applicant is that according to the medical examination, the age of the girl is about 18 years but actually she is much above of this age and is fully grown up major girl. Attention was drawn to the statement of the victim given before the investigating officer in which she admitted to have had a friendly acquaintance with the applicant for quite some time and also admitted that she had gone along with the applicant on her own volition wilfully and contracted marriage with him in Arya Samaj Mandir. According to her statement she lived along with the applicant for about one month. Submission is that the facts and circumstances of the case are strongly suggestive of her being a fully participating and consenting party in the act and it does not appear to be a case in which any kind of coercion has been exercised against her or it may be said that the alleged relationship was without her will or without her consent. Contention is that in view of the statement of the victim at least a prima facie case for bail in favour of the applicant is made out. 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. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required a nd is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 11.4.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Ishu Chaurasiya, involved in Case Crime No. 305 of 2018, u/ss. 363, 366, 376 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, P.S.- Farrukhabad, District- Farrukhabad, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following
conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.5.2018
Naresh
1 issue framed by the court
Whether the applicant is entitled to bail in the bail application.
Ishu Chaurasiya
Karuna Nand Bajpayee
As recorded by the court registry
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