Anish Chauhan @ Dimdim v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45546 of 2023 Applicant :- Anish Chauhan @ Dimdim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Prakash Chauhan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Jhamman Ram, leanred AGA-I apprised the Court that notice has been served upon the informant on 20.10.2023. Despite service of notice, none present on behalf of the informant.

¶2Heard Sri Roopendra Kumar Mishra, Advocate holding brief of Sri Ram Prakash Chauhan, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State.

¶3The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0211 of 2023, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Mauaima, District Prayagraj during pendency of the trial.

¶4FIR of the present case was lodged on 02.05.2023 against the applicant and according to the FIR on 27.04.2023 applicant enticed away the daughter of the informant aged about 17 years 7 months.

¶5Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and this fact is evident from both the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.

¶6He further submits that even according to the school record, the age of the victim was 17 years 7 months, therefore, she was about 18 years old and during investigation her ossification test was not conducted. He further submits that it is a case of love affair, which is evident from the statements of the victim recorded during investigation. He further submits that applicant is not having any criminal history and in the present matter he is in jail since

05.06.2023.

¶7Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that even as per school record victim was around 18 years old and she did not make any allegation against the applicant in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9Considering the fact that even as per school record victim was about 17 years 7 months old at the time of incident and she in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. did not state anything against the applicant and she appears to be consenting party, in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant -Anish Chauhan @ Dimdim 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:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(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.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶12In 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.

¶13It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 30.10.2023 AK Pandey High Court of Judicature at Allahabad High Court of Judicature at Allahabad