Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30960 of 2021 Applicant :- Tarun Chautala Opposite Party :- State Of U. P Counsel for Applicant :- Abhishek Tiwari,Afzal Ahmad Khan Durrani Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Tarun Chautala, who is involved in Case Crime No. 374 of 2021, under sections 376, 504, 506 IPC, police station Sahibabad, district Ghaziabad, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the victim has lodged first information report dated 07.03.2021 against the applicant alleging inter alia therein that the accused-applicant has sexually abused her for the last two and half years on the pretext of marriage, but when her parents talked to him about marriage, he refused to marry her.
It is argued by the learned counsel for the applicant that as per FIR, the victim is major aged about 24 years and she was consenting party with the applicant. The applicant had never made a promise for marriage, therefore, it is not a case of rape, but it is a case of consensual sex between the parties concerned. It is also submitted by the learned counsel for the applicant that during alleged period of two and half years, no complaint has been made by the victim against the applicant. As it is admitted fact on record that the victim in her statement under section 161 and 164 Cr.P.C. has stated that she had gone along with the applicant at Sunrise Hotel, Mohannager, Ghaziabad and made physical relation with him, but she did not raise any alarm at public place, though she had an ample opportunity to resist the same. The allegation against the applicant is false and against the evidence on record. The applicant is neighbour of the victim. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 07.03.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute that the victim is major and she has made physical relations with the applicant on her own sweet will.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that the victim is major aged about 24 years, therefore, she was capable to understand the significance and morality with the act, for which she was consenting with the applicant. So far as the issue relating to false promise of marriage is concerned, this Court is of the view that it is a matter of evidence before the trial court, which cannot be determined at this stage, but considering the overall facts and circumstances of the case, it is apparent that victim being consenting party with the applicant, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Tarun Chautala, be released on bail in the aforesaid case crime number on furnishing a personal bond and 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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 breach of any of the above conditions, the court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
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 on the merits of the case. 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 :- 27.9.2021 Sazia Digitally signed by SANJAY KUMAR SINGH Date: 2021.09.27 17:34:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad