Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26699 of 2021 Applicant :- D.D.Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Lalit Kumar Shukla,Prabha Shanker Mishra Counsel for Opposite Party :- G.A.,Bindeshwari Prasad Mishra,Satyendra Narayan Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 485/2021, under Sections 354, 376, 323, 342, 504, 506 IPC, police station Highway, District Mathura with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that prosecutrix has alleged that applicant has been physically exploiting her since 2012 but the F.I.R. has been lodged on 07.05.2021. Learned counsel has submitted that in the F.I.R., which was lodged by prosecutrix herself, she has mentioned that applicant has married with her in a temple. Learned counsel has further submitted that prosecutrix is a major lady, aged 32 years, and that in fact she was in relationship with applicant and that her allegations regarding rape are thoroughly false and improbable. Learned counsel has referred statements of prosecutrix, recorded under Sections 161 and 164 Cr.P.C., and submitted that all attending facts and circumstances of the case show that prosecutrix was a consenting party and that she has lodged this case with mala fide intention. It was also submitted that even some immovable property was purchased in the name of prosecutrix on 15.10.2020 by applicant and payment was made by the applicant from his account through cheques and the sale-deed of the same has been annexed as annexure no. 6 to the affidavit accompanying the bail application. It was submitted that this sale-deed further belies the version of prosecutrix. Learned counsel has also referred the marriage certificate as well as other related documents, copies of which have been annexed as annexure no. 5 to the affidavit accompanying the bail application and submitted that the F.I.R. of this case has been lodged with mala fide intention in order to grab the property of applicant. It has further been argued that the applicant is 60 years old and he is in judicial custody since 29.05.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have strongly opposed the prayer for bail. Learned counsel for the first informant has argued that applicant was a professor and that prosecutrix was a student in that college and applicant has taken undue advantage of his position and that he has been physically exploiting her since 2012. Learned counsel has referred statements of prosecutrix, recorded under Sections 161 and 164 Cr.P.C., and submitted that prosecutrix has made clear allegations of rape against applicant. It was further submitted that applicant has prepared a video clip of prosecutrix and he has been blackmailing and also subjected her to unnatural sex. It was submitted that prosecutrix has never married with applicant and that in her statement recorded under Section 164 Cr.P.C., prosecutrix has not made any such statement that she has married with applicant. Regarding alleged sale-deed it was submitted that the said property was purchased by prosecutrix by her own funds. It was further submitted that prosecutrix has made serious allegations against the applicants.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant D.D.Chauhan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 27.9.2021 Anand