Allowed

Anjani Chourasiya v. State of U.P. and 3 Others

Allahabad HC14 Mar 2023BAIL/56285/2022

Case brief

AI extract

What is this about?

Court granted bail to the applicant in a POCSO and IPC case, considering the existence of a counter-FIR by the applicant, severity of charge, and lack of criminal history, subject to standard bond conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two heavy sureties with specific conditions.

Anjani Chourasiya Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56285 of 2022

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Applicant :- Anjani Chourasiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A.,Rajesh Kumar Gautam,Rajesh Kumar Yadav,Saumya Srivastava

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Atul Pandey, learned Advocate holding brief for Sri Sandeep Tripathi, learned counsel for the applicant, Sri Rajesh Kumar Gautam, learned counsel for the informant as well as Sri Rohit Dubey, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 419 of 2022, under Sections 376, 504, 506 I.P.C., 5/6 POCSO Act, Police Station Jhunsi, District Prayagraj, during the pendency of trial.

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As per prosecution story, the applicant, who happens to be the foster father of the victim, is stated to have fondled inappropriately with her, thereby outraging her modesty several times.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize her. Owing to the said enmity, the applicant is stated to have got an FIR registered against the mother of the informant and her maternal uncle on 14.4.2022. Learned counsel has further stated that the said FIR is a counterblast to the FIR No. 121 of 2022 lodged by brother of the applicant against the mother and maternal uncle of the informant. Learned counsel has also stated that the FIR is delayed as no time and date of occurrence has been mentioned in it.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 14.9.2022. In case, the applicant is

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released on bail, she will not misuse the liberty of bail.

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Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application and have stated that the act of the applicant is beyond imagination as he has tried to ravish his own daughter, although he is her foster father. The applicant is not entitled for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, and taking into consideration the fact that there is an FIR No. 121 of 2022 lodged on behalf of the applicant, at this stage, 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- Anjani Chourasiya involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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

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

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

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iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the

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applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 14.3.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Anjani Chourasiya v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Anjani Chourasiya 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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