Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51870 of 2019 Applicant :- Laxman Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kr Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant caused injuries to the younger brother of the victim, Pawan Kumar Chauhan, on 13.072019 and his medical examination was conducted on the same day at 8:40 p.m. The doctor found contusions by hard and blunt object on the body of the injured, Pawan Kumar Chauhan. It has been submitted that only to take revenge from the applicant regarding his conduct of beating her younger brother, the applicant was falsely implicated by the victim. In the present case the FIR of the present case was lodged on the same day at 05:16 p.m and medical examination of victim has taken place on 16.07.2019. In the FIR it has been alleged that when the applicant was being subjected to rape by the applicant she raised alarm and then her younger brother, Pawan Kumar Chauhan, came to save her and he was beaten by the applicant by lathi-danda.
It has further submitted that had the allegation been correct, medical examination of the younger brother of the victim would have also taken place along with the victim. His medical examination has taken place on the same day while the victim was medically examined after three days of lodging of the FIR. It shows that the FIR has been lodged only after the injuries were caused to the younger brother by the applicant. It is a case of false implication. The medical report does not supports the prosecution case. The age of the victim has been found to be 16-18 years. From the medical report of her younger brother it is clear that he is aged about 17 years and therefore the victim being elder sister must be aged above 17 years. The applicant is in jail since 16.07.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Laxman Chauhan, be released on bail in Case Crime No. 172 of 2019, under Sections- 376, 323, 452 I.P.C. and Section 3/4 of POCSO Act, Police Station- Aurai, District- Bhadohi, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 Rohit