DEEP CHANDRA CHAUDHARY v. STATE OF U.P. AND ANOTHER
CRLA/8397/2025 · 2025-10-14
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 200890 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200890 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8397 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J.
1. List revised. 2. Heard learned counsel for appellant and learned AGA for the State. 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 - Deep Chandra Chaudhary with the prayer to allow the appeal, set aside the bail rejection order dated 13.8.2025 passed by the Special Judge, (SC/ST Act), Basti in Sessions Case No. 768 of 2025 (Deep Chandra Chaudhary vs. State) arising out of Case Crime No. 91 of 2025, under sections 69, 115(2), 352, 351(2) of B.N.S., Section 3(1) (da) (dha), 3(2)(5), 3(2), (5A) of SC/ST (P.A. Act), police station Dubauliya, district Basti. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. Learned counsel for the appellant submits that the victim herself is a married lady and has stated that she was exploited by the appellant on the ground of a false marriage and was sexually assaulted by the appellant. She has also made the allegation that a child, four years old, was born as a result of Versus Counsel for Appellant(s) : Satya Prakash Singh Counsel for Respondent(s) : G.A. Deep Chandra Chaudhary .....Appellant(s) State of U.P. and Another .....Respondent(s)
their physical relationship. The relations between the appellant and the victim were consensual. Hence, the appellant is entitled to be released on bail. 5. Learned A.G.A. has vehemently opposed the prayer. 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, severity of punishment, 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. 9. Let the appellant Deep Chandra Chaudhary involved in Case Crime No. 91 of 2025, under sections 69, 115(2), 352, 351(2) of B.N.S., Section 3(1) (da) (dha), 3(2)(5), 3(2), (5A) of SC/ST (P.A. Act), police station Dubauliya, district Basti.
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. 8397 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 15, 2025 Sumaira CRLA No. 8397 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad