In a bail application regarding charges under IPC Sections 323, 504, 506, and 376, the court considered the victim's age and medical report indicating consent. The court observed no scratch marks on the victim and noted the late FIR filing, concluding the applicant is entitled to bail.
Released on bail with a personal bond and two reliable sureties.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32705 of 2018
Applicant :- Sriram Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.134 of 2018, under Sections 323, 504, 506, 376 IPC, Police Station Dubauliya, District Basti, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that as per texture and tenor of the statement of the victim recorded under Section 164 Cr.P.C., it appears that the victim is a consenting party. As per medical report, she is aged about 18 years. Prosecution version is that she was dragged in a nearby sugarcane field is not supported by the medical report inasmuch as not even a single scratch has been found on the body of the victim. The first information report was lodged after eight days of the alleged incident by the prosecutrix herself. Lastly, it is submitted that the applicant is languishing in jail since 19.6.2018 have no criminal antecedents.
Learned A.G.A. 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 made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Sriram 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 :- 10.9.2018 Hasnain
1 issue framed by the court
Whether bail shall be granted to the applicant charged under Sections 323, 504, 506, 376 IPC.
2 provisions across 2 enactments
Sriram Chauhan
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
