Allowed bail application of applicant Shubham @ Abhishek Chaudhray in Sessions Case No.978 of 2018 under IPC and POCSO Act. Granted bail subject to strict conditions regarding presence in court, non-interference with witnesses, and procedural compliance.
Release on bail with personal bond and two local sureties subject to strict conditions.
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Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3227 of 2020
Applicant :- Shubham @ Abhishek Chaudhray Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Surat Shukla,Pravina Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 978 of 2018, under Sections 363, 366, 376-D, 323, 34, 506 IPC & Sections 5/6, 16/17 of POCSO Act, Police Station Modi Nagar, District Ghaziabad.
Learned counsel for the applicant submits that this is a second bail application, first bail application was rejected by the Hon'ble Mr. Justice Rajul Bhargav vide order dated 10th April, 2019.
Learned counsel for the applicant submits that as per statement under Section 164 Cr.P.C., role of the applicant has been assigned for taking the photographs of the victim at the time of incident. Subsequent to rejection of bail of the applicant on 10.04.2019, the co-accused Prince @ Rajkumar Chaudhari allegedly committed rape has been granted bail by co-ordinate Bench of this Court vide order dated 03.12.2019 in Criminal Misc. Bail Application No. 46677 of 2019, therefore, the applicant standing on a better footing is entitled for bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal
history of the applicant and he is languishing in jail since 20.10.2018.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co-accused have already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement on bail of co-accused Prince @ Rajkumar Chaudhari, role assigned to the applicant, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Shubham @ Abhishek Chaudhray involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(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 229A of the Indian Penal Code.
(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.
(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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 1.12.2020
Israr
2 issues framed by the court
Whether the applicant is entitled to bail in the cause of the early release of co-accused.
Whether any circumstances mandately warrant rejection of the applicant's bail prayer.
Shubham @ Abhishek Chaudhray
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
