Allowed

Mohit Chauhan v. State of U.P and 3 Others

Allahabad HC16 Nov 2022BAIL/44427/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. filed by Mohit Chauhan in a rape and criminal molestation case, granting bail subject to a personal bond and two sureties with conditions to ensure trial attendance and conduct.

What did the court decide?

The applicant Mohit Chauhan was granted bail on furnishing a personal bond and two sureties subject to specific conditions of conduct and attendance in court.

Mohit Chauhan Vs State of U.P and 3 Others — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44427 of 2022

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Applicant :- Mohit Chauhan Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 479 of 2022, under Sections 376 (3) IPC and section 5 (L) /6 PASCO Act, at Police Station Ujhani, District Budaun.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that as per the statement of the victim recorded under section 161 Cr.P.C. she is aged about 20 years. In her statements recorded under sections 161 and 164 Cr.P.C. the victim has not made any allegation of rape against the applicant and she has stated that she is having love affairs with the applicant which clearly shows that the victim is a consenting party. The applicant has not committed the alleged offence. False allegation has been made against the applicant. The victim has refused for her medical examination. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. There is no criminal history of the applicant. The applicant is in jail since 24.7.2022.

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On the other hand, learned A.G.A. opposes the application for bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Mohit Chauhan, who is involved in aforementioned case crime 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 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 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 :- 16.11.2022

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Digitally signed by AFAQ AHMAD Date: 2022.11.16 14:17:01 IST Reason: Location: High Court of Judicature at Allahabad

Mohit Chauhan v. State of U.P and 3 Others

Case brief

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Mohit Chauhan v. State of U.P and 3 Others

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