Allowed

Rahul Chauhan v. State of U.P. and 2 Others

Allahabad HC29 Aug 2018CRLA/3308/2018

Case brief

AI extract

What is this about?

Criminal Appeal against the rejection of a bail application. The High Court found that a case for bail was made out, setting aside the lower court's order and allowing the appellant to be released on personal bond and sureties subject to specific conditions.

What did the court decide?

The judgment and order dated 31.05.2018 were set aside; the appellant was released on bail on a personal bond and two sureties subject to conditions.

Rahul Chauhan Vs State of U.P. and 2 Others — Caste Atrocities | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL APPEAL No. - 3308 of 2018

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Appellant :- Rahul Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Zafar Abbas Counsel for Respondent :- G.A.

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Hon'ble Rajul Bhargava,J.

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As indicated in the counter affidavit filed by the learned A.G.A., notice has been served personally on respondent Nos.02 and 3, yet no one has appeared on their behalf to oppose the bail prayer in the instant appeal.

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Heard Sri Zafar Abbas, learned counsel for the appellant, learned AGA for the State and perused the record.

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This appeal has been filed against judgement and order dated 31.05.2018 passed by learned Incharge Additional Session Judge, Court No.06, Azamgarh passed in Bail Application No.866 of 2018 arising out of Case Crime No. 26 of 2018, under Sections 363, 366, 376, 504, 506 I.P.C., Section 3(2)(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and 3/4 of The Protection of Children From Sexual Offences Act, P.S. Ahroula, District Azamgarh, by which bail plea of appellant has been rejected.

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Learned counsel for the appellant submitted that order of the learned court below rejecting bail application of applicant-appellant is bad in law. It is further submitted that the victim is aged about 18 years. As per High School Marksheet only few days were left in attaining majority by the prosecutrix on the date of the incident. Keeping in view the statement of prosecutrix recorded under Section 164 Cr.P.C. it appears that she was having a love affair with the appellant and had established consensual sex relations with the appellant. Learned counsel for the appellant further submitted that learned court below has also failed to consider that appellant has no criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Thus the appellant, who is in jail since 29.03.2018, deserves to be released on bail.

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Learned AGA has vehemently opposed the bail prayer.

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Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against appellant and evidence in support of it and unlikelihood of conclusion of trial in near future, I find that a case for bail has been made out.

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In the result, appeal is allowed. The judgement and order dated 31.05.2018 passed by learned Incharge Additional Session Judge, Court No.06, Azamgarh is set aside.

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Let appellant-applicant-Rahul Chauhan,be released on bail in aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant-appellant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 29.8.2018

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MN/-

Rahul Chauhan v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rahul Chauhan v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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