This single-judge criminal bail order allowed Sainath Chauhan's bail in a rape case. The court found merit in the applicant's claim that the victim was consenting and falsely implicated. Bail was granted with personal bond and sureties.
Release on bail by furnishing personal bond and two sureties to the satisfaction of the court concerned.
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. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57630 of 2022
Applicant :- Sainath Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Gautam,Mohd. Shamim Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.83 of 2022 (Case No.10690 of 2022) at Police StationKhukhundu, District-Deoria under Sections 342, 365, 376 IPC. The applicant is in jail since 07.05.2022.
The bail application of the applicant was rejected by the learned Additional Sessions Judge, Court No.1, Deoria on 16.11.2022.
Shri Mohd. Shamim, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant and the victim were intimate. The victim is a married lady. She accompanied the applicant of her own volition to various places including Madhya Pradesh. She failed to raise an alarm nor did she resist the applicant despite being at public places like a restaurant and court premises. The victim was a consenting party. The FIR was lodged only to deflect attention from her own conduct.
Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. The applicant resides in Deoria with his family and is not a flight risk. The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
Shri Manoj Kumar Tiwari, learned counsel for the informant has vehemently resisted the bail application. He contends that the lady/victim is from a respectable family and the applicant had committed rape with her.
Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. He does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Sainath Chauhan 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 subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case any averment made in the bail application or the submissions during the argument are found to be false or in case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 16.12.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.12.21 12:58:36 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a rape case where the applicant claims the victim was consenting and falsely implicated.
Whether the applicant is a flight risk or likely to tamper with evidence.
1 provisions across 1 enactments
Sainath Chauhan
Ashish Nayan Tripathi
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
