Allowed

Pawan @ Chhatrapal v. State of U.P.

Allahabad HC3 Feb 2022BAIL/42282/2021

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court considered the parole petition of an accused charged under Sections 363, 366A, 376 IPC, and POCSO. The Court found the victim to be a major involved in a voluntary relationship and the case to resemble elopement. Consequently, bail was granted subject to specific bond conditions and assurances.

What did the court decide?

Allowance of bail on a personal bond and two sureties subject to conditions prohibiting tampering with evidence and ensuring court attendance.

Pawan @ Chhatrapal Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42282 of 2021

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Applicant :- Pawan @ Chhatrapal Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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The Court is convened through Video Conferencing.

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Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and Sri B.B. Upadhyay, learned A.G.A. for the State and perused the material on record.

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Vide order dated 24.11.2021, notice was issued to the first informant. As per the office report dated 21.12.2021, a report regarding service of notice has been received. The report dated 16.12.2021 of the Chief Judicial Magistrate, Budaun is on record which states that notice has been served on the first informant.

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No one appears on behalf of the first informant.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Pawan @ Chhatrapal , seeking enlargement on bail during trial in connection with Case Crime No. 138 of 2021, under Sections 363, 366A, 376 I.P.C., and 3/4 POCSO Act, registered at Police Station Binawar, District Budaun.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the present first information report was lodged under Section 366 I.P.C. by the father of the prosecutrix alleging therein that his daughter has been enticed away by the applicant on 14.06.2021. It is argued that subsequently the prosecutrix was recovered on 11.07.2021 and her statement under Section 161 Cr.P.C. was recorded wherein she has stated that she went with the applicant out of her own sweet-will and they stayed together as husband and wife for one month. She further in her statement recorded under Section 164 Cr.P.C. has stated that she stayed with the applicant in Punjab for a month and the applicant performed illegal acts on her. She states that she was kept as a wife by the

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applicant. Learned counsel has further argued that as per the certificate of the Chief Medical Officer, Budaun, the age of the prosecutrix has been opined to be 19 years. It is argued that as such the prosecutrix is a major. During investigation, other Sections have been added in the present matter. The applicant has no criminal history as stated in para 20 and is in jail since 15.07.2021.

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Per contra , learned A.G.A. opposed the prayer for bail and argued that the applicant is named in the first information report. In the statement of the prosecutrix recorded under Section 164 Cr.P.C., there is an allegation against the applicant of establishing forcible physical relationship with her.

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After having heard the learned counsel for the parties and perusing the record, it is evident that the prosecutrix is a major as per the certificate of the Chief Medical Officer concerned. She went with the applicant out of her own sweet-will and they stayed for a month in a different state. There appears to be no resistance whatsoever. The present case appears to be a case of elopement.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Pawan @ Chhatrapal , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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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 I.P.C.

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(v) 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 and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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

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Order Date :- 3.2.2022 AS Rathore

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(Samit Gopal,J.)

Pawan @ Chhatrapal v. State of U.P.

Case brief

What is this about?

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Pawan @ Chhatrapal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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