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2025 DAILYLAW 193617 (ALL)

CHANDRAVEER ALIAS CHANDU v. STATE OF U.P. AND ANOTHER

CRLA/8835/2025 · 2025-10-16

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8835 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned AGA for the State. 2. Learned AGA states that notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. Copy of the notice provided by the learned AGA be kept on record. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with a prayer to allow the appeal, set aside the bail rejection order dated 17.9.2025 passed by Additional Session Judge / Special Judge (SC/ST Act), Agra and to release the appellant on bail in Case Crime No. 557 of 2025, Under Section 69, 89, 352, 351(3) B.N.S. and Section 3(1)(Da), 3(1)(Dha), 3(2)(5) of S.C./ S.T. Act, Police Station Jagdishpura, District- Agra. 4. Learned counsel for the appellant has submitted that the appellant and victim were having consensual relationships for past seven years. Said fact has been stated by the victim in the first information report. She has made further allegation that she became pregnant several times, but suffered miscarriage due to consuming abortion pills which the appellant compelled her to consume. However, she has not submitted any such medical evidence to establish the allegation of abortion. It was further that if it is assumed that relationship between the victim and appellant were in existence for past seven years, then it will appear that the appellant at that Versus Counsel for Appellant(s) : Girish Kumar, Vijay Tripathi Counsel for Respondent(s) : G.A. Chandraveer Alias Chandu .....Appellant(s) State of U.P. and Another .....Respondent(s) time was minor. Hence, allegations on the face of record are concocted and fabricated. Appellant has been falsely implicated in this case. He has not committed the present offence. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. In such circumstances, the appellant is entitled to bail. 5. Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that the statement of victim without any corroboration is sufficient to establish the offence of sexual assault. Therefore, the appellant is not entitled to bail. 6. I have considered the rival submissions so made and have gone through the entire record. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Pending application, if any, shall stand disposed of. 9. Let the appellant- Chandraveer Alias Chandu, involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. CRLA No. 8835 of 2025 2 (v) The appellant 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. 10. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 17, 2025 SK CRLA No. 8835 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad