Allowed
Chintu Alias Ravi v. State of U.P.
Allahabad HCBAIL/6699/2020
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6699 of 2020 Applicant :- Chintu Alias Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Rai,Shyam Narain Rai 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.838 of 2019, under Sections 363, 376 I.P.C. and Section 3/4 POCSO Act 2012, P.S. Modi Nagar, District Ghaziabad.
Learned counsel for the applicant submits that according to F.I.R. version on 19.08.2019, the applicant enticed away the victim and committed rape upon her. He used to commit rape upon her before it also.In statement under Sections 161 & 164 Cr.P.C., victim has reiterated the F.I.R. version. In medical report no abnormality has been found and as per statement of the victim applicant stated that as soon as she becomes major he will marry her. He further submits that it appears that only to solemnize the marriage with the applicant this F.I.R. has been lodged. Learned counsel further submitted that applicant is ready to marry the victim. 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 the applicant is languishing in jail since 26.08.2019.
Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that victim has levelled allegation of rape against the applicant and as per school record date of birth of the victim is 05.04.2003, according to which at the time of incident she was minor aged about 16 years, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, as per F.I.R. and statement of victim under Section 161 Cr.P.C., applicant stated to marry her as soon as she becomes major and applicant used to commit rape before the incident and as per medical report no abnormality being found in the hymen, without expressing any opinion on merit of the case, the
applicant is entitled for bail, let the applicant- Chintu Alias Ravi involved in aforesaid case crime be released on bail on his 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 229-A 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 :- 2.12.2020 Jitendra
Chintu Alias Ravi
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court