Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28770 of 2021 Applicant :- Vikesh Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. As per high school certificate, the age of victim girl is eighteen years and three months and that as per certificate issued by C.M.O. Deoria, her age is about 18 years and thus, victim is a major girl. It has been submitted that in her statement under Section 161 Cr.P.C., victim girl has clearly stated that she has gone with applicant to Chandigarh with her own free will and that she has married with applicant. Learned counsel has submitted that thereafter, under pressure of her family members, victim girl has made false allegations of kidnapping and rape against applicant in her statement under Section 164 Cr.P.C. The victim girl has remained with applicant about four months and during that period she never made any complaint against applicant. Her allegation that applicant has lifted her from her house, is thoroughly false and improbable. It has been submitted that all attending facts and circumstances of the case show that victim was a consenting party and that applicant is languishing in jail since 05.06.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that in her statement under Section 164 Cr.P.C., victim girl has made allegations of kidnapping and rape against applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Vikesh Chauhan involved in Case Crime No.301 of 2019, under Sections 366, 376, 323, 342 and 506 IPC, P.S. Tarkulwa, District Deoria, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.8.2021 Neeraj