Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S

438 CR.P.C. No. - 7824 of 2021

Applicant :- Jaiveer Chauhan

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Irshad Ahmad

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A for the State.

Order on Criminal Misc. Exemption Application

This exemption application is allowed.

Order on Criminal Misc. Anticipatory Bail Application

The instant anticipatory bail application has been filed on behalf of the

applicant, Jaiveer Chauhan, with a prayer to release him on bail in Case

Crime No. 30 of 2020, under Sections- 376-D I.P.C. & Section 5/6

POCSO Act, Police Station- Hasanpur, District- Amroha, during

pendency of trial.

There is prior enmity between the parties. On 23.08.2019, the sister of the

applicant had lodged a F.I.R u/s 376-D, 506 I.P.C. against the mama of the

informant. Therefore, the informant has implicated the applicant in the

present case.

It is next submitted by the learned counsel for the applicant that the

applicant was not charge-sheeted in this case but the court has taken

cognizance of the offence against him. The victim has named him as the

person who was involved in her gangrape.

No ground for grant of anticipatory bail to the applicant is made out.

However, in view of the entirety of facts and circumstances of the case and

on the request of learned counsel for the applicant, it is directed that the

applicant will appear and surrender before the court below within 30 days

from today and apply for bail.

Till then, no coercive action shall be taken against the applicant.

However, in case, the applicant does not appears before the court below

within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by

this court for surrendering before the court below as directed above.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 15.3.2021

KS