Allowed

Ashish Chaurasiya v. State of U.P. and Another

Allahabad HC10 Sept 2024CRLA/5226/2024

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court set aside the Special Judge's order rejecting a bail application. The appellant, charged with offences including rape and SC/ST atrocities, secured bail based on the victim's age and alleged consent, subject to standard conditions preventing tampering and intimidation.

What did the court decide?

Impugned order rejecting the bail application set aside; appellant released on bail with two sureties and specific conditions.

Ashish Chaurasiya vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:172557

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5226 of 2024

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Appellant :- Ashish Chaurasiya Respondent :- State of U.P. and Another Counsel for Appellant :- Pradeep Kumar Rai,Shashi Dhar Goswami Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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List has been revised.

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None appears for the respondent No. 2 despite service of notice.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

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This Criminal Appeal has been preferred under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 25.04.2024 passed by the Court of Special Judge (SC/ST) Act, Varanasi passed in Bail Application No. 1324 of 2024 (CNR No.UPVR010046312024) arising out of Case Crime No. 451 of 2023, under Sections 376(2) (n), 323, 504, 294, 506 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the S.C./S.T. Act, Police Station-Bhelupur, District-Varanasi.

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It has been submitted by learned counsel for the appellant that as per the educational records, the date of birth of the victim is recorded as 12.02.2002 and is, accordingly, major. As per the statement of the victim recorded under Section 164 Cr.P.C., it appears that the victim being major was a consenting party. The appellant has been falsely implicated on the ground of false promise of marriage. The appellant has no other criminal history except the present case and is languishing in jail since 29.01.2024.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail and could not dispute the aforesaid facts.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, complicity of the accused, severity of punishment, this Court is of the opinion that the appellant has made out a fit case for bail. The learned trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant- Ashish Chaurasiya involved in Case Crime No. 451 of 2023, under Sections 376(2)(n), 323, 504, 294, 506 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the S.C./S.T. Act, Police Station-Bhelupur, District-Varanasi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The appellant will not tamper with the evidence during the trial.

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The appellant will not pressurize/ intimidate the prosecution witness.

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

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

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The appellant 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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Order Date :- 5.11.2024 Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Ashish Chaurasiya v. State of U.P. and Another

Case brief

What is this about?

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Ashish Chaurasiya v. State of U.P. and Another

Case brief

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