Allowed

Ravi Varma @ Ravindra v. State of U.P.

Allahabad HC14 Dec 2020BAIL/43850/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant accused charged under Sections 376, 420, 506 IPC, 4 POCSO, and 67 IT Act. The court held that prima facie a case for bail was made out, ignoring merit, and granted release upon furnishing a personal bond and two sureties subject to strict appearance conditions.

What did the court decide?

Prayer for bail granted. Applicant released on personal bond and two local sureties subject to conditions of appearance and non-seeking adjournments.

Ravi Varma @ Ravindra Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43850 of 2020

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Applicant :- Ravi Varma @ Ravindra Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 644 of 2019 under Sections 376, 420, 506 IPC and 4 POCSO Act and 67 IT Act, Police Station - Karwi Kotwali Nagar, District - Chitrakoot with the prayer to enlarge the applicant on bail.

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The first information report of this incident was lodged by the complainant against accused Ravi Varma @ Ravindra and it was mentioned in the first information report that accused had threatened the daughter of the complainant on phone and told her that if she would not listen to him, he would destroy the family of the complainant. It was also alleged in the first information report that accused raped the daughter of the complainant and the accused has also sent the photos of the victim to the brother and the maternal uncle of the victim.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is also submitted that as per the High School Mark Sheet the girl was major aged about 19 years and the photos of the victim and accused are annexed at page Nos. 46 and 47. It is also argued by the learned counsel on behalf of the applicant that even after the alleged incident the alleged victim used to have talks with the present accused, which shows that the alleged victim (girl) was in consensual relationship with the accused applicant. Lastly, it is argued that the applicant is in jail since 05.09.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Ravi Varma @ Ravindra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open

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for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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.

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Order Date :- 14.12.2020 LBY

Ravi Varma @ Ravindra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi Varma @ Ravindra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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