Bheem Chauhan v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16265 of 2023 Applicant :- Bheem Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A.,Sunita Chauhan Hon'ble Sameer Jain,J.

¶1Supplementary affidavit filed today on behalf of the applicant is taken on record.

¶2Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant, Sri S.K. Tiwari, Advocate, holding brief of Smt. Sunita Chauhan, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 04 of 2023, under Sections 363, 376, 323, 504 IPC & 3/4 POCSO Act, Police Station-Mugalsarai, District-Chandauli, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against applicant and his family members and according to the FIR, on 02.01.2023 at about 6:00 p.m. in the evening daughter of the informant had gone to the shop but did not return and on 03.01.2023 when informant made inquiry from the applicant then from his house her daughter was found and she informed the informant that applicant committed rape upon her. It is further mentioned in the FIR that date of birth of the victim is 29.03.2008.

¶5Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and however, during investigation, victim and informant both made allegation of rape against the applicant but when both appeared before the trial court then they did not support the prosecution case and have been declared hostile and their statements recorded by the trial court have been annexed alongwith the supplementary affidavit.

¶6He further submitted that applicant is not having any criminal history and he is in jail since 08.01.2023 i.e. for last almost 11 months.

¶7Per contra, learned AGA opposed the prayer for bail and submitted that victim is hardly 15 years' old and during investigation, she made allegation of rape against the applicant but could not dispute the fact that victim and her mother i.e. informant of the case when appeared before the trial court then both have declared hostile.

¶8Learned counsel for the informant also conceded the fact that victim and informant both when appeared before the trial court then they have declared hostile and both are having no objection if applicant be enlarged on bail.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10Considering the fact that informant i.e. mother of the victim and victim both when appeared before the trial court then they did not support the prosecution case and have been declared hostile and neither informant nor victim is having any objection if applicant be enlarged on bail and applicant is in jail for last almost 11 months, in my view applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Bheem 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:-

(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.

¶13In 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.

¶14It 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 :- 1.12.2023 KK Patel High Court of Judicature at Allahabad