Allowed

Chandan Singh v. State of U.P.

Allahabad HC30 Nov 2022BAIL/32454/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court granted bail to the applicant charged with rapes and related offences. The court considered the gravity of the offence, the nature of allegations, and the statement of the victim but found it a fit case for bail after referring to relevant precedents.

What did the court decide?

The applicant was released on bail to furnish a personal bond and two heavy sureties subject to specific conditions regarding court attendance and conduct.

Chandan Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32454 of 2022 Applicant :- Chandan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Supplementary affidavit has been filed today, is taken on record. Heard Mr. Satya Narayan Yadav, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.258 of 2022, under Sections 376, 323, 506 IPC, Police Station Tundla, District Firozabad.

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The contention as raised at the Bar by learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. The applicant has never committed any offence as alleged in the impugned FIR. The incident is alleged to have taken place before 7 years ago and the impugned FIR has been lodged on 13.05.2022 but no plausible explanation has been given. As per medical report, no internal and external injury has been found in the body of the victim and the age of the victim is 19 years as per medical report. The victim in her statement recorded under Section 164 Cr.P.C. herself has stated that she has made physical relation with the applicant in her house before 7 years ago. The victim is a consenting party as per statement of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 23.5.2022 although the applicant is having previous criminal history of one case in which he is on bail.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the

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punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Let the applicant- Chandan Singh involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :

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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 IPC.

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(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., 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 IPC.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 30.11.2022

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Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.11.30 16:06:21 IST Reason: Location: High Court of Judicature at Allahabad

Chandan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandan Singh v. State of U.P.

Case brief

What is this about?

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