Allowed

Saed Chauhan v. State of U.P.

Allahabad HC29 May 2023BAIL/13441/2023

Case brief

AI extract

What is this about?

This judgment grants bail to Saed Chauhan in a complaint case involving allegations of rape and kidnapping. The court observed that the First Information Report was lodged with mala-fide intent and the police had submitted a Final Report in the accused persons' favor.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount subject to standard conditions.

Saed Chauhan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:119030

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13441 of 2023

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Applicant :- Saed Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Mishra,Anand Kumar Mishra

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Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit, filed by the learned counsel for the applicant, is taken on record.

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

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The present bail application has been filed by the applicant in Complaint Case No. 91592 of 2022, under Sections 376, 323, 506 IPC, P.S. Medical, District Meerut, with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report was lodged against applicant and one Iliyas, Shakeel, Shabana Malik and Rajvir Singh Yadav (Sub Inspector), making allegations of kidnapping and rape. After thorough investigation, the police found that the allegations of prosecutrix are false and FIR has been lodged with mala-fide intention and thus, police have submitted Final Report in favour of accused persons. Thereafter the prosecutrix has filed protest petition, which was registered as a complaint case and thereafter applicant and co-accused Iliyas Kabari and Shakeel were summoned by the Court of Special Chief Judicial

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Magistrate, Meerut vide order dated 03.03.2015. The said summoning order was challenged by the applicant and coaccused persons by filing petition under Article 227 of the Constitution of India, however, the same was dismissed. The prosecutrix is a mature lady aged about 42 years. Referring to facts of the matter, it was submitted that the allegations levelled against the applicant, are wholly improbable. It is submitted that the prosecutrix has lodged first information report against applicant with intention to extract money from applicant. The similarly placed co-accused Iliyas was granted anticipatory bail by this Court vide order dated 14.11.2022. The criminal history of one case, shown against the applicant, has duly been explained. It is further submitted that applicant/accused is languishing in jail since 16.02.2023, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and argued that prosecutrix has made allegations of rape against the applicant.

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Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

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Let the applicant Saed Chauhan involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below subject to following conditions:

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i. The applicant shall not tamper with the evidence during the

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trial.

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ii. The applicant shall not pressurize/ intimidate the prosecution witness.

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iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.

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Order Date :- 29.5.2023 A. Tripathi

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Saed Chauhan v. State of U.P.

Case brief

What is this about?

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Saed Chauhan v. State of U.P.

Case brief

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