Allowed

Anish Chauhan @ Dimdim v. State of U.P. and 3 Others

Allahabad HC30 Oct 2023BAIL/45546/2023

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application concerns the release of the applicant in a case involving sections of the IPC and POCSO Act, 2012. The court allowed bail, noting that the victim, 17 years and 7 months old, did not allege guilt in her statements and appeared to be a consenting party, despite the serious charges.

What did the court decide?

Release of the applicant on bail on furnishing one personal bond and two sureties each in like amount, subject to standard bail conditions.

Anish Chauhan @ Dimdim Vs State of U.P. and 3… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:206676

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45546 of 2023

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Applicant :- Anish Chauhan @ Dimdim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Prakash Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Jhamman Ram, leanred AGA-I apprised the Court that notice has been served upon the informant on 20.10.2023. Despite service of notice, none present on behalf of the informant.

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Heard Sri Roopendra Kumar Mishra, Advocate holding brief of Sri Ram Prakash Chauhan, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0211 of 2023, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Mauaima, District Prayagraj during pendency of the trial.

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FIR of the present case was lodged on 02.05.2023 against the applicant and according to the FIR on 27.04.2023 applicant enticed away the daughter of the informant aged about 17 years 7 months.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and this fact is evident from both the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.

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He further submits that even according to the school record, the age of the victim was 17 years 7 months, therefore, she was about 18 years old and during investigation her ossification test was not conducted. He further submits that it is a case of love affair, which is evident from the statements of the victim recorded during investigation. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 05.06.2023.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that even as per school record victim was around 18 years old and she did not make any allegation against the applicant in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that even as per school record victim was about 17 years 7 months old at the time of incident and she in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. did not state anything against the applicant and she appears to be consenting party, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Anish Chauhan @ Dimdim be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 30.10.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Anish Chauhan @ Dimdim v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Anish Chauhan @ Dimdim v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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