Allowed

Gopal Chauhan v. State of U.P.

Allahabad HC16 Feb 2023BAIL/5915/2023

Case brief

AI extract

What is this about?

In a bail application challenging an arrest following further investigation in a rape case, the Court allowed the application, finding that the applicant made out a case for bail given the delay in FIR and contradictions in statements, noting severity of punishment and pendency of trial.

What did the court decide?

The applicant is released on personal bond and two heavy sureties to the satisfaction of the court concerned subject to specific conditions.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5915 of 2023

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Applicant :- Gopal Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Beerendra Pratap Singh,Lallan Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Beerendra Pratap Singh, learned counsel for the applicant as well as Sri R.M. Yadav, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 57 of 2022, under Sections 376-D, 506 I.P.C., Police Station Mubarakpur, District Azamgarh, during the pendency of trial.

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As per prosecution story, the applicant and two other co-accused persons are stated to have raped the victim n 15.2.2021 at about 6.00 pm when she was busy in her field.

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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 him. Learned counsel has stated that the FIR is delayed by about more than one year and there is no explanation of the said delay caused. Learned counsel has also stated that even the application under Section 156(3) Cr.P.C. was moved on 20.12.2021, which itself is delayed by about nine months. Learned counsel has next stated that there were contradictions in the statement of the victim recorded under Sections 164 and 161 Cr.P.C. and also the FIR, as such, the police was pleased to file a closure report in the said case. The court concerned was pleased to order for further investigation in the present case and the applicant has been arrested as such.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. 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 30.12.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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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 delay in lodging the FIR, 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- Gopal Chauhan 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 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 :- 16.2.2023 Shalini

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

Gopal Chauhan v. State of U.P.

Case brief

What is this about?

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Gopal Chauhan v. State of U.P.

Case brief

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