Single judge allowed bail to the applicant in a Section 363 IPC case, deeming a case made out without expressing an opinion on the merits of the prosecution story.
Released on bail on a personal bond and two sureties with three standard conditions.
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. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33874 of 2021
Applicant :- Shivam Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh,Shashi Kumar Mishra Counsel for Opposite Party :- G.A.,Indra Kumar Singh
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 0171 of 2021, under Section 363 I.P.C. registered at P.S.- Jaithra, District- Etah.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant has not committed the alleged offence. The allegations levelled against the applicant are fully false and baseless and case under Section 363 I.P.C. is not made out against him and maximum punishment provided in provision under Section 363 is seven years. The age of the victim is nearly 17 years, she was a student of class-XII and was a consenting party. Further submitted that prosecution story is highly improbable and concocted one, upon which no reliance can be placed. Criminal history of applicant has been explained in para no. 20 of the affidavit in support of bail application. The applicant is languishing in jail since 28.05.2021.
Per contra, learned A.G.A. and learned counsel for the complainant opposed the prayer for bail,
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case as well as statement of victim under Section 161 & 164 Cr.P.C. and punishment provided under Section 363 I.P.C., without
expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed .
Let the applicant Shivam Chauhan involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 16.12.2021 VPS
1 issue framed by the court
Whether the applicant is entitled to bail under Section 439 of the Cr.P.C. given the nature of the offence and stage of trial.
2 provisions across 2 enactments
Shivam Chauhan
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
