Shubham Chaubey Vs State of U.P. and 3 Others

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54915 of 2022

Applicant :- Shubham Chaubey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Sri Sharique Ahmed, learned counsel for the applicant, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shubham Chaubey , seeking enlargement on bail during trial in connection with Case Crime No. 381 of 2018 (S.S.T. No. 457 of 2019, under Sections 376-D I.P.C. and section 3/4 POCSO Act, registered at P.S.- Kakadeo, District- Kanpur Nagar.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next argued by learned counsel for the applicant that informant of this case is residing in police station, Babupurwa campus, Kanpur Nagar but the FIR of the present case has been lodged after delay of 20 hours after thought and consultation. The statement under section 161 Cr.P.C. of the victim has been recorded on the same day, in which she has stated that applicant of the present was not present in the room where the incident took place, he was in the another room with her friend Nisha. She did not make any allegation of rape against the applicant. The victim has made allegation of rape against Jaiki and Abhishek and one unknown person. But in her statement under section 164 Cr.P.C. the victim has made allegation of rape against the present applicant also but the learned counsel for the applicant has further stated that the statement of the victim under section 164 Cr.P.C. has been recorded on 04.01.2019 and both statements 161 and 164 Cr.P.C. have contradictions to each other. It is also clear from the statement recorded under sections 161 and 164 Cr.P.C. of the victim that victim and coaccused Anurag were having love affairs with each other. In the present case the applicant has been summoned by the trial Subordinate court under the power conferred under section 319 Cr.P.C. Further stated that in the present case three times the investigation of the present has been conducted by the different I.Os. under the supervision of the higher police officer but the police has not found the complicity of the applicant in the alleged crime. Lastly argued that main co-accused namely Anurag Yadav has been released on bail by another bench by of this court vide order dated 08.08.2022 in Crl. Misc. Bail Application No. 23560 of 2019 . Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since

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17.08.2022 having no criminal history.

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Per contra, learned AGA for the State has vehemently opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Shubham Chaubey , be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.

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(V) 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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Order Date :- 20.1.2023/RPD

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Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad

Shubham Chaubey v. State of U.P. and 3 Others

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Shubham Chaubey v. State of U.P. and 3 Others

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