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Naveen Kumar Chaurasia vs State Of U P

High Court Of Judicature at Allahabad|12 October, 2018
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JUDGMENT / ORDER

Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39664 of 2018 Applicant :- Naveen Kumar Chaurasia Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Mustafa,Afshan Shafaut Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Naveen Kumar Chaurasiya, in Case Crime No.97 of 2018, under Sections 363,366, 376 IPC, and Section 3/4 POCSO Act, 2012 Police Station Sohratgadh, District Siddharth Nagar.
Heard Ms. Afshan Shafaut, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Abhinav Tripathi, appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the prosecutrix is clearly a major going by the medical estimation of her age, as would be evident from a perusal of the certification done by the Chief Medical Officer, Siddharth Nagar vide certificate dated 11.7.2018, which estimates her age to be above 18 years. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. that is absolutely exculpatory in unqualified terms.
Learned AGA has opposed the prayer for bail but does not dispute the fact that the prosecutrix is a major and the statement under Section 164 Cr.P.C. is exculpatory.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of the evidence, the severity of punishment, the allegations against the applicant and submissions made by learned counsel for the parties, the statement under Section 164 Cr.P.C., this Court without expressing any opinion on merits, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Naveen Kumar Chaurasiya, in Case Crime No.97 of 2018, under Sections 363,366, 376 IPC, and Section 3/4 POCSO Act, 2012 Police Station Sohratgadh, District Siddharth 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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 12.10.2018 NSC
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Title

Naveen Kumar Chaurasia vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
12 October, 2018
Judges
  • J
Advocates
  • Mohammad Mustafa Afshan Shafaut