Allowed

Chandan Bind v. State of U.P.

Allahabad HC2 Dec 2020BAIL/36663/2020

Case brief

AI extract

What is this about?

This is a bail application in a criminal case involving offences under IPC Sections 363, 366, 376 and POCSO. The court, considering the general gravity of the offence without expressing an opinion on merits, held it to be a fit case for bail as a matter of discretion.

What did the court decide?

The applicant was released on bail by executing a personal bond and furnishing two sureties with specific conditions to maintain public order and trial integrity.

Chandan Bind 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. - 36663 of 2020

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Applicant :- Chandan Bind Opposite Party :- State of U.P. Counsel for Applicant :- Kanhaiyalal Bind, Kamalesh Kumar Nishad 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 and the learned A.G.A.

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This is a bail application on behalf of the applicant Chandan Bind in connection with Case Crime No.89 of 2020, under Sections 363, 366, 376 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, Police Station Saraimeer, district Azamgarh.

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The first information report of this incident was lodged by the complainant against enticing away her daughter by the applicant. It was alleged in the first information report that in the intervening night of 18/19.05.2020 the applicant along with two accused persons enticed away the daughter of the complainant.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged victim has stated in her statement recorded under Section 161 Cr.P.C. that she is 19 years old and admitted that she is having love affair with the applicant. She further stated that she had gone with the applicant out of her own sweet will; that she has solemnized marriage with the applicant in Jaunpur on 27.05.2020. He submitted that the alleged victim has not supported the prosecution version in her statement recorded under Section 164 Cr.P.C. The alleged victim has specifically mentioned in her statement recorded under Section 164 Cr.P.C. that she has solemnized marriage with the applicant and she wanted to live with the applicant. He further submitted that as per medical the age of the victim was found to be 18 years. He submitted that the medical does not support the prosecution version as no external or internal injury was found on the person of the victim. He further submitted that the hymen was found old torn and healed. He submitted that the alleged victim has lived with the applicant for about twenty days and she has not raised any alarm during her stay with the applicant. He submitted that the applicant is languishing in jail since 07.06.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused person, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Chandan Bind involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties

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each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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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 :- 2.12.2020 R./

Chandan Bind v. State of U.P.

Case brief

What is this about?

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Chandan Bind v. State of U.P.

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