Allowed

Chaman v. State of U.P. and 2 Others

Allahabad HC9 Dec 2020BAIL/28790/2020

Case brief

AI extract

What is this about?

The High Court revised the bail application of the accused involved in offences under IPC Sections 363, 366, 376 and POCSO. Rejecting the opposing counsel's argument regarding the victim's minority, the court granted bail pending trial subject to conditions and verification of sureties.

What did the court decide?

The applicant Chaman is released on bail on executing a personal bond and furnishing two sureties subject to specific conditions of appearance and not interfering with witnesses.

Chaman Vs State of U.P. and 2 Others — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28790 of 2020

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Applicant :- Chaman Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Singh,Anil Kumar Srivastava (Senior Adv.)

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Counsel for Opposite Party :- G.A.,Devesh Kumar Shukla,Dharmesh Kumar Shukla

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Hon'ble Ajit Singh,J.

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Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sri S.K. Singh, learned counsel for the applicant, Sri Dharmesh Kumar Shukla, learned counsel for the complainant, 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. 121 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences (POCSO) Act, P.S. Chandaus, district-Aligarh, is seeking enlargement on bail during the trial.

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The first information report of the incident was lodged by the complainant against against three persons including applicant regarding enticement of her daughter Gulshan. It was also mentioned in the FIR that the incident is alleged to have taken place on 22.4.2018 and in this regard an application was given to the S.O., police station-Chandaus for lodging the FIR, but the same was not lodged, then this FIR has been lodged.

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Learned counsel for the applicant submits that as per medical opinion the victim is aged about 19 years. She was in consensual relationship with the applicant and solemnized marriage with him on her own sweet will, copy of the marriage certificate has been filed as Annexure-3 to the affidavit accompanying the bail application. Further submission is that the applicant and the alleged victim had approached this court by filing Criminal Misc. Writ Petition no. 12061 of 2018, in which this Court had stayed the arrest of the petitioners till submission of the police report under Section 173(2) Cr.P.C., copy whereof has been filed as Annexure-5 to the affidavit accompanying the bail application. He lastly submits that the applicant, who is in jail since 18.2.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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Learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and submitted that at the time

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of incident the alleged victim was minor, hence the bail application of the applicant is liable to be rejected.

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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 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, Chaman 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 (s) 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 :- 9.12.2020 Faridul

Chaman v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Chaman v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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