Single judge granted bail to the applicant falsely implicated in an IPC 376 case upon reasonable satisfaction that there was no risk of absconding or witness tampering.
Released on bail by executing a personal bond and furnishing two sureties each.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20295 of 2021
Applicant :- Ravikant Yadav @ Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Applicant claims to have been falsely implicated in this case on several counts; prime being that the informant was wedded to Vishal Nigam about 11 years ago and she was having female child also and concealing that fact, she entered into love affairs with the applicant and applicant was kept in dark and when he came to know about the reality, he refused to continue his affairs/relationship with the lady. Applicant got married after 2017, when he ended his affairs, then a false F.I.R. was lodged against him. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 12.02.2021.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Ravikant Yadav @ Ravi involved in Case Crime No. 110 of 2021, under Sections - 376, 323, 506 I.P.C., Police Station - Barra, District - Kanpur Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 9.6.2021 S Rawat
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.11 17:03:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving offences under Sections 376, 323, and 506 IPC.
Whether the applicant faces reasonable apprehension of tampering with evidence or witnesses.
1 provisions across 1 enactments
Ravikant Yadav @ Ravi
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
