Ramsheesh Chauhan Vs State of U.P.

Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41537 of 2020

Applicant :- Ramsheesh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Learned counsel for the applicant is permitted to carryout the necessary correction in the memo of the bail application and in place of Section 379-D I.P.C. it should be read as Section 376-D I.P.C.

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Heard Sri Raghvendra Prakash, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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By means of this application, the applicant who is involved in Case Crime No. 359 of 2020, under Sections 323, 506, 376-D I.P.C. and Section 3/4 of POCSO Act, Police Station- Kopaganj, District- Mau is seeking enlargement on bail during the trial. The applicant is in jail since 17.7.2020.

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Contention raised by learned counsel for the applicant is that the victim herself has lodged the present F.I.R. on 12.7.2020. Initially the F.I.R. was registered under Sections 506, 323, 354 I.P.C. The date and time of the incident referred in the F.I.R. is 4.7.2020 at 5:00 hrs. in the morning. As per text of the F.I.R. the informant submits that she is aged about 16 years and 05 months. On the fateful day when she went to attend the call of nature, en-route, the applicant started misbehaving with her. It is submitted by the counsel of the applicant that the victim from the day one having a hopping story. She is not stable with one story. At every stage she has floated a new story, adding new assailants which has given considerable dear to the authenticity and truthfulness to prosecution. At some place she has added one new character, Ram Ashish Chauhan along with the applicant. In yet another statement of the victim under Section 161 Cr.P.C. she admits that she was having mobile number of applicant and she was in touch with applicant on mobile phone. In addition to above a prosecution case, which started by the victim herself with the allegation of misbehaving one, ultimately landed by levelling the allegation of gang-rape by

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using her figment of imagination. Taking into account this jumping story has considerably eroded the prosecution case. In addition to above, her medical report completely blasts the prosecution case by mentioning that her hymen was found old torn and healed. There is no mark of any fresh injury on her private parts or her external body suggestive of the fact that prosecution story has been tailored by her with motive.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts.

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Taking into account the totality and overall facts and circumstances of the case that prosecution itself is not sure about true and correct fact, under such circumstances to put a person behind the bars on this fluid story may cause injustice to the named accused person and keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties as also taking into account the shifting stand of the victim who has improved her version at every stage, without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Ramsheesh Chauhan , who is involved in Case Crime No. 359 of 2020, under Sections 323, 506, 376-D I.P.C. and Section 3/4 of POCSO Act, Police Station- Kopaganj, District- Mau, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 I.P.C.

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO

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SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF 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 I.P.C.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the

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official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 17.12.2020/ Vikas

Ramsheesh Chauhan v. State of U.P.

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Ramsheesh Chauhan v. State of U.P.

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