Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40772 of 2018 Applicant :- Ram Ikbal Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar (Chandraul),Mukesh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Ram Ikbal Chauhan in connection with Special Session Trial No. 54 of 2018 (arising out of Case Crime No. 76 of 2018) under Section 376, 323, 504, 506 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Rudrapur, District Deoria.
Heard Sri Sudhir Kumar (Chandraul), learned counsel for the applicant and Sri Nitin Kesharwani, learned AGA along with Sri Raj Kumar Yadav, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that he has been falsely implicated on account of a fraud and forgery by natives of the village inimical to him, who made his wife and daughter sign some blank papers whereon a written information giving rise to the present crime was engrossed and registered. It is alleged in the FIR that the applicant has ravished his daughter of 16 years in a drunken state. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix dated 20.04.2018 recorded under Section 164 Cr.P.C. wherein there is a categorical assertion that the applicant is absolutely innocent and has not done any violation. It is also mentioned that natives of the village got her mother and the prosecutrix to sign blank papers. She has further stated that she asked the police to release her father on the same basis and nothing more.
Learned AGA has opposed the prayer for bail but does not dispute the fact as to the statement under Section 164 Cr.P.C. that is absolutely exculpatory.
Considering the entire facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the statement under Section 164 Cr.PC. but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ram Ikbal Chauhan involved in Special Session Trial No. 54 of 2018 (arising out of Case Crime No. 76 of 2018) under Section 376, 323, 504, 506 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Rudrapur, District Deoria be released on bail on executing a 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 :- 26.10.2018 Deepak