Chahat Srivas vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:33102

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8169 of 2025 Applicant :- Chahat Srivas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Krishan Pahal,J.

¶5

List has been revised.

¶6

Heard Sri Ray Sahab Yadav, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record.

¶7

Learned State Law Officer has informed that the notice to the informant has been served on 19.02.2025.

¶8

Applicant seeks bail in Case Crime No.377 of 2024, under Sections 65(1), 87, 137(2) B.N.S. and Sections 5N(2)/6 of POCSO Act, Police Station Mauranipur, District Jhansi, during the pendency of trial.

¶9

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. The consent of the victim can be drawn from the fact that she alongwith the applicant was seen running away on a motorcycle by the informant and he could not stop them. The victim and the applicant have married each other. The victim by her looks seems to be major, although her age is 15 years as per class V^th school certificate, which has no evidentiary value. She is pregnant and the applicant is ready to take care of his wedded wife, although she is living with her parents.

¶10

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 26.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶11

Learned A.G.A. has vehemently opposed the bail application.

¶12

The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

¶13

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and 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 .

¶14

Let the applicant- Chahat Srivas , who is involved in aforementioned case crime be released on bail on his 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.

¶15

(i) The applicant shall take care of his wedded wife and the would be offspring born, if any, out of the said corporeal relationship. (ii) The applicant shall not tamper with evidence.

¶16

(iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

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 based on the testimony of the witnesses.

¶19

Order Date :- 7.3.2025 (Ravi Kant)

¶20

(Justice Krishan Pahal)

¶21

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

Chahat Srivas v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Chahat Srivas v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Pappu Yadav vs State of U.P. and 3 Others

Anand Prajapati vs State of U.P. and 3 Others

Buddha Alias Bodda vs State of U.P.

Vidit vs State of U.P.

Deepak vs State of U.P. and 3 Others

Rahul Yadav vs State of U.P.