Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13997 of 2021 Applicant :- Harsh Chaturvedi Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Harsh Chaturvedi in connection with Case Crime No. 402 of 2020 under Sections 147, 323, 504, 506, 363, 366, 354, 452, 376 IPC and Section 3/4 POCSO Act, P.S. Mahuli, District Sant Kabir Nagar.
Heard learned counsel for the applicant and the learned AGA for the State through video conferencing.
Learned Counsel for the applicant has argued that a perusal of the statement of the prosecutrix under Section 164 Cr.P.C shows that though she has alleged that she was forcibly taken away from the Khalilabad Bus Stand by Karan and Harsh to the residential quarter of one Amit at Delhi and ravished there for 3-4 days, but a reading of the statement shows that she after all went in a bus, a public transport but did not raise any kind of alarm. It is also pointed out that according to the statement under reference she was dropped back at Khalilabad on 27.11.2020 at Khalilabad Taxi Stand, where one Vijay Thakur was present who threatened her. It is said that on 29.11.2020, the applicant, Karan and Amit and his mother besides Vijay Thakur came over her place and beat her up and her mother and abused them. It is urged that the statement of the prosecutrix shows that she went along with the applicant, and later on, on her return home changed mind on some kind of a pressure from her family into speaking inculpatory; since there is no reason why in her onward journey and return from Khalilabad to Delhi and back on a public transport like a bus, she would not have raised alarm. The prosecution case is said to be utterly false and baseless. It is also argued that the implication came on account of a sharp exchange of words between the applicant and the informant, who live in the same locality leading to this exaggerated and false prosecution. It is also urged that the medico legal examination of the victim does not prima facie support the case of rape. It is next urged that the FIR has been lodged with an unexplained and inordinate delay of 26 days, which is attributable purely to a pre-meditation, afterthought and consultation. It is stated in paragraph no. 17 of the affidavit that the applicant has no criminal history and is in jail since 19.12.2020.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the prosecutrix on account of the incident did not raise alarm, where she had an opportunity to travel on a busy public transport like bus and take to Khalilabad, the fact that there appears some issues between the informant and the applicant who live in the same locality, the fact that the FIR has been lodged after an unexplained delay of 26 days, the fact that there is nothing in the medico legal evidence prima facie to suggest sexual violence, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Harsh Chaturvedi in connection with Case Crime No. 402 of 2020 under Sections 147, 323, 504, 506, 363, 366, 354, 452, 376 IPC and Section 3/4 POCSO Act, P.S.
Mahuli, District Sant Kabir Nagar be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 10.5.2021 Deepak