The single judge allowed a bail application for Ram Bilas in a rape and defamation case. The court granted bail after noting contradictory witness statements, lack of injuries, and old enmity, relying on prior Supreme Court guidance.
Release on bail upon furnishing personal bond and sureties subject to specified conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34572 of 2020
Applicant :- Ram Bilas Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Gaur, Babita Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Ms. Babita Upadhyay, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant- Ram Bilas with a prayer to release him on bail in Case Crime No. 66 of 2020, registered under Sections 376, 506 I.P.C., Police Station- Gajraula, District- Pilibhit, during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case as the wife of the applicant had lodged a Complaint No. 02 of 2020 under Section 156(3) Cr.P.C. against the husband of the victim. Applicant and victim are major. Statements recorded under Section 161 Cr.P.C. and 164 Cr.P.C. are contradictory to each other and not supporting the version of F.I.R. The present F.I.R. has been lodged in pursuance of the complaint case lodged by the wife of the applicant only to harass the applicant. As per the medical report, there is no mark of injury over the body of the victim. Applicant and victim are resident of same village and having old enmity due to which applicant has been implicated in the present case. He next submitted that F.I.R. was delayed about three months. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. So, the applicant, who is languishing in jail since 14.7.2020, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. opposed the bail prayer of the applicant, but could not dispute the facts as narrated by learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant- Ram Bilas, who is involved in Case Crime No. 66 of 2020, under Sections 376, 506 I.P.C., Police StationGajraula, District- Pilibhit, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
Order Date :- 3.12.2020 Vikas
2 issues framed by the court
Whether the applicant, under Sections 376 and 506 IPC, is entitled to release on bail pending trial.
Whether the criminal history and delay in FIR affect the grant of bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Ram Bilas
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
