Hon'ble Court granted bail to the applicant Rohit Chauhan in a criminal trial involving offences under IPC Sections 363, 366, 376, and POCSO Act, noting lack of medical evidence and victim's statement contradicting prosecution.
Released on bail with personal bond and two sureties subject to conditions prohibiting tampering with witnesses.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7157 of 2023
Applicant :- Rohit Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ved Byas Mishra Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Umesh Chandra Sharma, J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
None respondent on behalf of informant in spite of service of notice. No counter affidavit has been filed by him.
The instant application for bail has been moved on behalf of the applicant- Rohit Chauhan with the prayer to enlarge him on bail in Case Crime No. 324 of 2022 under Sections 363, 366, 376 I.P.C & 3/4 POCSO Act, Police Station - Rampur Karkhana, District - Deoria, during pendency of the trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. Admittedly the date of birth of the victim is 8.03.2005, hence on date of occurrence i.e. 17.10.2022, the victim was about 17 years, 07 months and 09 days old young lady. The victim has not supported the prosecution version either in under Section 161 Cr.P.C or in under Section 164 Cr.P.C. It has been submitted that the accused/applicant has no previous criminal history and is languishing in jail since 31.10.2022.
From her statement it reveals that the victim herself voluntarily left her house, called the accused-applicant and went to Hajipur (Bihar), with him, where she solemnized marriage with him and used to live with him as husband and wife and also performed her duties as wife.
Learned counsel for the applicant contends the except this fact the victim was minor at the time of alleged commission of crime, no any other incriminating evidence is available against the applicant.
So far as the medical examination is concerned, no internal or external injury have been found on the body of victim, so far as the status of hymen is concerned, no report has been given by the concerned Doctor regarding its' status whether it is intact or torn or healed. However no recent injury had been found there. The Doctor has opined that no sexual violence has been caused with the victim.
Lastly, it has been submitted that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra, learned A.G.A. for the State has vehemently opposed the prayer
for grant of bail.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, a case for bail is made out. The bail application is, thus, allowed.
Let the applicant, Rohit Chauhan be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.
Order Date :- 21.3.2023 Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is maintainable for the applicant charged under Sections 363, 366, 376 IPC and POCSO Act during trial.
Whether reasonable apprehension of tampering with witnesses and severity of punishment preclude bail in this case.
4 provisions across 4 enactments
Rohit Chauhan
State Of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
