Allowed

Laique @ Chuha v. State of U.P.

Allahabad HC3 May 2023BAIL/17517/2023

Case brief

AI extract

What is this about?

The court allowed the bail application of an applicant charged under Sections 366 and 376 of the IPC. The court held that his criminal history alone did not justify denial of bail as no material indicated tampering or intimidation of witnesses.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties subject to conditions against tampering with evidence and fleeing.

Laique @ Chuha Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17517 of 2023

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Applicant :- Laique @ Chuha Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh,Rajendra Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.

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

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It is submitted by learned counsel for the applicant that as per the first information report the sister of the informant left home on 25.12.2022. She is aged about 20 years. She has left the home with the applicant and was seen by the villagers going with the applicant. Subsequently, the victim was recovered and her statement was recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. In her statement under Section 164 Cr.P.C. she stated that she was taken by the applicant on 25.12.2022 after giving intoxicating material. Thereafter, the applicant raped her. The victim has denied the medical examination. There is no medical evidence with regard to sexual assault, in fact the victim was having affair with the applicant. The victim voluntarily left her home and on the pressure of the family members statement under Section 164 Cr.P.C. has been recorded. The statement under Section 164 Cr.P.C. is different from the statement under Section 161 Cr.P.C. The applicant has explained the criminal history in paragraph 26 of the affidavit. Applicant is languishing in jail since 3.1.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

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Learned AGA has pointed out the criminal antecedents of the Applicant. No material or circumstance has been brought to the notice of this court with regard to tampering of evidence or intimidating of witness in previous criminal cases. In Ash Mohammad v. Shiv Raj Singh, (2012) 9 SCC 446 , the Apex

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Court in para 30 has observed:

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"We may hasten to add that when we state that the accused is a history-sheeter we may not be understood to have said that a history-sheeter is never entitled to bail. But, it is a significant factor to be taken note of regard being had to the nature of crime in respect of which he has been booked."

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In the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 , the Hon'ble Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail.

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In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any material that applicant in past attempted to evade the process of law. If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground that he had criminal antecedent.

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The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs Central Bureau of Investigation and another , 2022 (10) SCC 51 . Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

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No material, facts or circumstances has been shown by learned AGA that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

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It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

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Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Laique @ Chuha involved in Case Crime No.534 of 2022, under Sections 366, 376 I.P.C., Police Station Swar, District Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

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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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5 . 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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The applicant shall not leave India without the previous permission of the Court.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 3.5.2023 Bhaskar

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Laique @ Chuha v. State of U.P.

Case brief

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Laique @ Chuha v. State of U.P.

Case brief

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