Allowed

Chandrama v. State of U.P.

Allahabad HC3 Jan 2023BAIL/6721/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad mooted, that the applicant, Chandrama, has made out a prima facie case for bail in a criminal trial involving rape and criminal intimidation charges where the DNA report did not match the victim's pregnancy, granting bail on furnishing bonds and local sureties.

What did the court decide?

Release on bail upon furnishing a personal bond and two heavy local sureties subject to conditions.

Chandrama Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6721 of 2022

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Applicant :- Chandrama Opposite Party :- State of U.P. Counsel for Applicant :- Uday Narain Singh,Bhawesh Pratap Singh,Umesh Kumar

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Counsel for Opposite Party :- G.A.,Praveen Kumar Singh

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Hon'ble Dr. Gautam Chowdhary,J.

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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 has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that as per the F.I.R. version, the victim conceived due to act committed by the applicant, whereas D.N.D. does not match with the same, copy of which is annexed with personal affidavit filed by the State. It is thus contended that no offence is made out against the applicant. 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. He next submits that applicant is languishing in jail since 31.10.2021 having no criminal history. 3. Learned A.G.A. has opposed the prayer for bail but could not dispute that D.N.A. does not match with the pregnancy of the victim.

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The personal affidavit wherein the D.N.A. report has been annexed is not on record, however, learned A.G.A. has produced the office copy before this Court and is taken on record.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, D.N.A. report and all attending facts and circumstances of the case, without expressing any opinion on

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merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Chandrama involved in Case Crime No. 0072 of 2021 under Sections 376, 506 I.P.C., Police Station Dheena, District Chandauli, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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E. 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 them 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 condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 3.1.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Chandrama v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandrama v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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