In a bail application under Sections 376, 504, 506 I.P.C., the court held it a fit case for bail for an applicant with no criminal antecedents who has been in custody since February 1, 2019. The relief granted release on personal bond and sureties.
Released on bail by furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16031 of 2019
Applicant :- Avtar Singh Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Sarvesh Kumar Mishra Counsel for Opposite Party :- G.A.,Dharmendra Pratap Singh Chauhan
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and Sri Naushad Ahmad, learned counsel for the informant and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 18 of 2019, under Sections 376, 504, 506 I.P.C., Police Station-Bidhnoo, District-Kanpur Nagar.
As per prosecution version, prosecutrix who was student of B.A., was in love and affair with the applicant. Both were agreed to marry. On 14.02.2017, applicant has made sexual relation with the prosecutrix. Later on, he refused to marry with the prosecutrix.
Learned counsel for the applicant contended that the prosecutrix is major. Even from perusal of the first information report, no offence is made out against the applicant. There is no evidence on record to show that applicant was not intended to marry at the time of sexual intercourse. Applicant is languishing in jail since 1.2.2019 and he has no criminal antecedent.
Learned A.G.A., and learned counsel for the informant have opposed the prayer for bail.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant Avtar Singh 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.
Application stands allowed .
Order Date :- 2.7.2019 Jaswant
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case involving sexual intercourse and refusal to marry under Sections 376, 504, 506 I.P.C.
1 provisions across 1 enactments
Avtar Singh Chauhan
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
