Allowed

Chandu @ Chandra Prakash Ahirwar v. State of U.P.

Allahabad HC7 Dec 2020BAIL/26262/2020

Case brief

AI extract

What is this about?

Hon'ble Court allowed a bail application filed by Chandu @ Chandra Prakash Ahirwar in Case Crime No. 44 of 2020 involving Sections 376 and other offences. Despite opposition regarding misuse of liberty and lack of adjudication of innocence at the trial stage, the court found a fit case for bail._conditions imposed strict undertakings regarding attendance and non-adjustment of evidence.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in like amount, subject to conditions.

Chandu @ Chandra Prakash Ahirwar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26262 of 2020

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Applicant :- Chandu @ Chandra Prakash Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

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By means of this application, the applicant, who is involved in Case Crime No. 44 of 2020, under Sections 376, 452, 323, 504 and 506 IPC, police station Majhgawan, district Hamirpur, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that the applicant is absolutely innocent has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that on 17.5.2020 victim has lodged the first information report for the offence under Sections 376, 452, 323 and 506 IPC against the applicant with regard to alleged incident dated 19.4.2020 alleging therein that on 19.4.2020 applicant committed rape upon her. On making resistance, the applicant assaulted the victim with kicks and fists. It is also submitted by learned counsel for the applicant that the victim is a married lady aged about 22 years and has two children. It is contended that there is a material contradiction in the statements recorded under Sections 161 and 164 Cr.P.C. of the victim. It is also contended that first information report has been lodged after one month of the alleged incident, and in the medical examination report, no mark of injury has been found on the body of the victim. It is also urged that the applicant has falsely been roped in the present case, because the victim had taken an amount of Rs. 50,000/- from the applicant, and on mounting pressure for returning the same, she has

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lodged the first information report of this case on 17.5.2020 showing the date of alleged incident on 19.4.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 22.5.2020. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Chandu @ Chandra Prakash Ahirwar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.

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(vii) 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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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order

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Order Date :- 7.12.2020 Sumaira

Chandu @ Chandra Prakash Ahirwar v. State of U.P.

Case brief

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Chandu @ Chandra Prakash Ahirwar v. State of U.P.

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