Allowed

Abhishek Chauhan v. State of U.P.

Allahabad HC19 Apr 2023BAIL/6812/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application. The bench noted that while the FIR alleged viraling of indecent photographs, subsequent victim statements changed to allege rape. However, no indecent photographs were recovered, and initial statements did not allege rape. Relying on bail jurisprudence, the court released the applicant on bond without deciding merits.

What did the court decide?

Release of applicant on bail via personal bond and two sureties on conditions of appearance, non-interference, and no criminal activity.

Abhishek Chauhan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6812 of 2023

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Applicant :- Abhishek Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Sher Bahadur Yadav,Amit Daga Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Amit Daga, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned brief holder for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 282 of 2022, under Sections 376D, 506 IPC and Section 67 I.T. Act, Police Station- Deogaon, District- Azamgarh, during pendency of the trial in the court below.

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FIR of the present case was lodged against applicant and three unknown persons under Sections 354, 506 IPC and Section 67 I.T. Act and according to the FIR, applicant and three others viraled the indecent photographs of three daughters of the informant on social media.

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Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 354, 506 IPC and Section 67 I.T. Act and even when the statements of the alleged victims were recorded under Section 161 Cr.P.C. then they did not raise any allegation with regard to the commission of rape and on

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the basis of FIR and their earlier statements applicant got relief from this Court when he filed criminal writ petition challenging the FIR of the present case and his petition was disposed of in view of the law laid down by the Apex Court in case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 but during investigation when the statement of one of the victim was recorded under Section 164 Cr.P.C. then she stated that applicant along with his associates committed rape with her and thereafter IO recorded statement of her one sister and her mother i.e informant then they also repeated the version of the victim narrated by her in the statement recorded under Section 164 Cr.P.C.

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He further submitted that as neither in the FIR nor in the statements of the victim and her sister recorded under Section 161 Cr.P.C. there was allegation of rape, therefore, no reliance can be placed on her subsequent statement recorded under Section 164 Cr.P.C. with regard to the allegation of rape. He further submitted that there is specific allegation that applicant any how procured some indecent photographs of the victim and viraled the same but during investigation no such indecent photographs, which were said to have been viraled, could be recovered by the investigating officer. He further submitted that applicant, in the present matter, is in jail since 2.11.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that in the statement recorded under Section 164 Cr.P.C. victim clearly stated that applicant along with three others committed rape with her but could not dispute the fact that earlier when the statement of the victim and her sisters were recorded under Section 161 Cr.P.C. then they did not make any allegation of rape and only made allegation with regard to the viraled indecent

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photographs on social media and learned AGA further could not dispute the fact that except the verbal allegation, there is no evidence on record with regard to the viraled indecent photographs of the victim on social media and investigating officer could not recover the alleged viraled indecent photographs of the victim during investigation.

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

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From the perusal of the record, it appears that FIR of the present case was lodged under Sections 354, 506 IPC and Section 67 I.T. Act and allegation against the applicant in the FIR is that he along with his three associates viraled the indecent photographs of three daughters of the informant on social media and when the statements of the three daughters of the informant were recorded under Section 161 Cr.P.C. then they also repeated the same version as mentioned in the FIR but when the statement of one of the daughter of the informant was recorded under Section 164 Cr.P.C. then she stated that applicant and three others committed rape with her and thereafter when the subsequent statements of one of her sister and informant were recorded then they also stated that applicant along with his three associates committed rape with one of the victim. Thus it appears, earlier in their statements recorded under Section 161 Cr.P.C. none of the alleged victims stated that applicant and his associates committed rape.

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Further, during investigation no indecent alleged viraled photographs could be recovered by the investigating officer.

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Therefore, form the discussion made above, 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- Abhishek Chauhan 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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Order Date :- 19.4.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Abhishek Chauhan v. State of U.P.

Case brief

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Abhishek Chauhan v. State of U.P.

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