Dinesh Chauhan vs State Of Uttar Pradesh

Heard over bail application moved by applicant, Dinesh Chauhan, to release him on bail in Case Crime No.138 of 2019, under sections 376, 363, 366, 420, 313, 506 I.P.C. and section 3/4 of POCSO Act, 2012, Police Station-Nonahara, District-Ghazipur.

Heard learned counsel for the applicant. Perused the record.

Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.9.2019. Applicant is of no criminal antecedent. He further submits that prosecutrix is major as she has been held to be of 17 years of age in her medical age determination by Medical Board and the same will be with variance of 2 years either sides. She in her first information report as well as in her statements, recorded under sections 161 and 164 Cr.P.C. has categorically said to have been married with the applicant and lived with applicant for six months. Then after, she came to her parental house as a result of which this false case was got registered against the applicant. Though, the prosecutrix was a legally wedded wife of applicant, even then, she performed her second marriage with someone else. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence, bail has been prayed for.

Learned AGA could not appear in video conferencing even after successful sending of link to him.

Having heard learned counsel for the applicant, gone through the material placed on record, it is apparent that prosecutrix is major. She in her report as well as statements have categorically said to have been married with the applicant and then after she went to her parental house and this report got lodged. Considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail with certain conditions.

Let the applicant, Dinesh Chauhan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

The computer generated copy of such order shall be self attested by counsel of the party concerned.

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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.