Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53594 of 2021 Applicant :- Girjanand Chauhan Opposite Party :- State Of U.P Thru Secretary Home Lknw. Counsel for Applicant :- Mani Ram Verma,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Girjanand Chauhan in Case Crime No. 225 of 2021, under Sections 363, 366, 120-B, 504, 506 I.P.C., Police Station- Paniyara, District- Maharajganj, with the prayer to enlarge him on bail during trial.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The first information report has been lodged by the mother of the victim on 07.10.2021 alleging therein that on 26.09.2021 the applicant along with two other co-accused persons namely Hemant Chauhan and Rakesh had enticed away her daughter. Learned counsel has argued that the victim in her statement under Section 161 Cr.P.C. has stated that she had gone with the applicant voluntarily on her own free will. In the statement under Section 164 Cr.P.C. the victim has changed her stand and stated that she was abducted by the applicant forcibly. As per the radiological examination, age of the victim is found to be 17 years. There is no early prospect of conclusion of trial. So, the applicant, who is languishing in jail since 21.10.2021, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that from the perused of statement under Section 164 Cr.P.C. and first information report, the offence under Sections 363, 366 I.P.C. is made out against the applicant.
I have gone through the record. Perusal of statement under Section 161 Cr.P.C., reveals that victim had gone with the applicant voluntarily. As per the medical report, age of the victim is 17 years and she has refused for her medical examination.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
The bail application is allowed.
Let applicant- Girjanand Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.12.2021 Vikas Digitally signed by MOHAMMAD ASLAM Date: 2021.12.23 11:16:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad