Allowed

Chhangur v. State of U.P.

Allahabad HC2 Nov 2020BAIL/19354/2019

Case brief

AI extract

What is this about?

This court allowed bail to the applicant, Chhangur, in a case involving alleged rape and sending obscene photographs. The applicant was accused under IPC 376D, 506 and IT Act 67(A). The court granted bail pending trial despite the severity of the offence.

What did the court decide?

Applicant Chhangur released on bail upon executing personal bond and furnishing two sureties, subject to attending trial, not tampering with witnesses, and refraining from illegal activities.

Chhangur Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19354 of 2019

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Applicant :- Chhangur Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar,Ajay Singh,Prakash Chandra Srivastava,Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 66 of 2019, under Sections 376D, 506 I.P.C. and 67(A) I.T. Act, P.S. Kothibhar, district-Maharajganj, is seeking enlargement on bail during the trial.

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The report of the incident was lodged through an application given to the Superintendent of Police, Maharajganj by the complainant, alleging therein that when she went to ease herself in sugarcane field, she was caught by the present accused and the other co-accused Mukesh and they committed rape with her by putting her in fear by brandishing knife. It was also alleged in the FIR that accused persons have taken photographs of the alleged victim and sent those photographs to the husband of the victim.

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Learned counsel for the applicant has submitted that the incident is alleged to have taken place on 5.12.2018 and the First Information Report was lodged after an inordinate and unexplained delay of more than three months, i.e. on 10.3.2019. The medical report of the victim does not corroborate the allegation of rape. The alleged victim was in consensual relationship with the present accused. He has further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the applicant, who is in jail since 11.3.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for

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the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 2.11.2020 Faridul

Chhangur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chhangur v. State of U.P.

Case brief

What is this about?

What did the court decide?

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