This is a bail application filed by the applicant under Section 439 Cr.P.C. in a case involving sections 381, 457, and 411 IPC. The court allowed the bail considering the applicant's allegations against the informant and lack of prior criminal record.
Applicant allowed to be released on bail by furnishing a personal bond and two sureties with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44131 of 2021
Applicant :- Raviraj Dhuriya Opposite Party :- State of U.P. Counsel for Applicant :- Rishikesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Raviraj Dhuriya seeking enlargement on bail during trial in connection with Case Crime No. 187 of 2021, under Sections 381, 457, 411 I.P.C. registered at P.S.- Kotwali Nagar, District- Banda.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offence. Alleged recovery of the jewelry is false. Nothing has been recovered from the possession of the applicant. Further submitted that on 15.03.2021 the applicant moved an application before the Superintendent of Police, Banda, with allegations to outrage the modesty of his wife by the informant. There are no criminal antecedents of the applicant except present one. After collection of evidence, investigating officer has submitted charge-sheet against the applicant. Further submitted that the applicant is languishing in jail since 01.04.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that an application was moved by the applicant against the informant before alleged incident implicating the informant to outrage the modesty of his wife, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed .
Let the applicant Raviraj Dhuriya involved in the aforesaid
case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 16.12.2021 v.k.updh.
3 issues framed by the court
Whether bail should be granted under Section 439 Cr.P.C. when the applicant accused the informant of outraging the modesty of his wife.
Whether the applicant can claim relief despite being in jail since the date of available incident.
Whether the rival submissions and facts of the case make out a case for bail.
3 provisions across 2 enactments
Raviraj Dhuriya
State of U.P.
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
