The High Court allowed an anticipatory bail application filed by Ram Chandra in a case involving allegations of sexual assault and extortion. The court fixed bond conditions and citizenship requirements.
The applicant was enlarged on anticipatory bail by furnishing a personal bond of Rs. 25,000/- along with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2199 of 2020
Applicant :- Ram Chandra Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This bail application is being disposed of as per the order dated 4.4.2020 of Hon'ble the Chief Justice.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
Notice of this application was served on the Government Advocate on 25..2.2020 but yet no objection has been filed on behalf of the State.Notice on Government Advocate is sufficient as per section 438(3) Cr.P.c. (U.P. Amendment).Hence this application is being finally decided.
The instant anticipatory bail application has been filed on behalf of the applicant, Ram Chandra, with a prayer to release him on anticipatory bail in Case Crime No. 1257 of 2019, under Sections 376, 323, 328, 392, 506 I.P.C., Police Station- 39 Noida, District- Gautam Budh Nagar, during pendency of trial.
The informant is married women.She has alleged that she has matrimonial dispute with her husband and is residing separately with her two children.Applicant befriended her and thereafter he has made obscene video and has taken jewellery from her by blackmailing her.He forcibly entered into physical relation with victim by extending threat.
From perusal of the material on record it appears that after taking divorce from her first husband, Surendra Kumar, the informant had married the applicant and thereafter dispute took place between them.There is suit filed under section
11(1) of Hindu Marriage Act by the applicant against the informant praying for annulment of their marriage. The First Information Report has been filed after concealment of correct facts.Applicant has definite apprehension of his arrest by the police
Hence the applicant is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.
Let the applicant involved in the aforesaid crime be be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
Order Date :- 1.6.2020 Atul kr. sri.
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a pending trial involving sexual offences and extortion allegations.
Whether the conditions imposed by the trial court regarding absence from India and arrest warrant are sufficient for grant of bail.
Whether the notice served on the Government Advocate satisfies the requirements of Section 438(3) Cr.P.C.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Followed¶14
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020Followed¶14
2 provisions across 1 enactments
Ram Chandra
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
