Criminal Misc. Bail Application allowed. The Single Judicial Bench held the application a fit case for bail despite grave allegations, noting the applicant was released on a personal bond with sureties.
Release on bail on personal bond and furnishing two sureties subject to standard conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33108 of 2016
Applicant :- Rahul Chaudhary Opposite Party :- State Of U.P. Counsel for Applicant :- Laxmi Kant Shukla Counsel for Opposite Party :- G.A.,Raj Singh
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. According to prosecution case, F.I.R. was lodged against the applicant Rahul Chaudhary alleging that on 11.07.2016 he kidnapped the daughter of complainant Jitesh @ Jitendra, she went with this accused with Rs.50,000 and ornaments; subsequently she was recovered on 16.07.2016; after five days of the incident she stated in her statement recorded under Section 164 Cr.P.C. she is the student of class 12th and she was going to beauty parlour this accused met with her and requested her for marriage and raped her; she also stated that she went for court marriage with this accused and due to minor they could not get married.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the prosecutrix is major and went with the applicant of her own free will and consent; she is consenting party; according to the date of birth prosecutrix is 17 year and eleven months of age; photo of prosecutrix with the applicant has also been annexed as Annexure-6 of the bail application, it also appears that she is consenting party; according to the medical report there is no sexual assault on the body of the prosecutrix; there is no possibility to get this case be decided shortly in near future; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 17.07.2016 (more than one year and ten months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Rahul Chaudhary involved in the Case Crime No.234 of 2016, under Sections 363, 366, 376-D, 325, 506 I.P.C. and Section 3Ka/4 of the Protection of Children From Sexual Offences Act, 2012, P.S. Badalpur, District Gautam Budh Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.5.2018 A. Tripathi
1 issue framed by the court
Whether the applicant is entitled to bail in the charges of kidnapping, abducting, and sexually assaulting a minor.
2 provisions across 2 enactments
Rahul Chaudhary
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
