In a bail application under Section 438 Cr.P.C., Single Judge permitted the applicant's release by recommending personal bond and sureties on general grounds without expressing an opinion on the merits of the prosecution.
Released on bail by furnishing personal bond and two reliable sureties.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27518 of 2018
Applicant :- Shiv Kumar Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kedar Nath Mishra, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicantShiv Kumar Chauhan in Case Crime No. 259 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children from Sexual Offence Act, Police Station- Gauri Bazar, DistrictDeoria with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case based on the suspicion that the applicant had kidnapped informant's minor daughter after enticing her on 18.08.2017 at about 11 P.M. It is next contended that after her recovery she was subjected to medical examination and based on which she is aged about 18 years. As per her statement recorded under Section 164 Cr.P.C. before the Magistrate, she has admitted to have solemnized marriage with the applicant and also has expressed that she wants to go with her husband. She denied the allegation of elopement or kidnapping by the applicant and also denied that any rape was committed upon her by the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 28.11.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Shiv Kumar Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1.The applicant shall not tamper with the prosecution evidence;
2.The applicant shall not pressurize the prosecution witnesses;
3.The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 3.8.2018 Vikas/-
1 issue framed by the court
Whether the applicant is entitled to be released on bail despite charges of kidnapping and rape.
Shiv Kumar Chauhan
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
