Allowed

Ravi v. State of U.P.

Allahabad HC24 Nov 2021BAIL/32718/2021

Case brief

AI extract

What is this about?

In bail application concerning alleged rape under IPC Sections 328, 376, 506, Hon'ble Court found it a fit case for bail, distinguishing Data Ram, and granted release on personal bond with two sureties subject to standard conditions preventing witness tampering and inducement.

What did the court decide?

Released on bail executing personal bond and furnishing two sureties each in like amount with conditions to prevent tampering, harassment, and inducement.

Ravi Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32718 of 2021

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Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Singh,Bharat Singh Pal Counsel for Opposite Party :- G.A., Dinesh Kumar Maurya, Ram Raj Prajapati

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Hon'ble Ajit Singh,J.

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Rejoinder affidavit filed today, is taken on record.

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Heard learned counsel for the applicant, Sri Dinesh Kumar Maurya and the learned A.G.A.

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This is a bail application on behalf of the applicant Ravi in connection with Case Crime No.0635 of 2021, under Sections 328, 376, 506 I.P.C., Police Station Baraut, district Baghpat.

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The first information report of this incident was lodged by the victim herself against the applicant. It was alleged in the first information report that on 14.12.2020 when the victim has gone to the Baraut Coaching Centre for studies the applicant came there and asked the victim to accompany her as the mother of the applicant was ill. It was further alleged that when the victim accompanied the applicant and on the way she was given intoxicating substance in juice and later on she was raped by the applicant. It was further alleged that both of them were relatives. It was further alleged that the applicant has solemnized marriage with the applicant in a temple as well as in Court against her wishes.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged victim is major. He submitted that the alleged victim was in consensual relations with the applicant. He submitted that naturally it was not possible that the alleged victim would marry with the applicant without her consent in a temple and later she will perform Court marriage. He submitted that the applicant is languishing in jail since 21.05.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned counsel for the complainant and learned A.G.A. have opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Ravi involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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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 learned counsel for the applicant along with 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 :- 24.11.2021

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R./

Ravi v. State of U.P.

Case brief

What is this about?

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Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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