Allowed

Ranveer Singh Yadav @ Rangvir Kumar v. State of Up and Another

Allahabad HC9 Aug 2021CRLA/1675/2021

Case brief

AI extract

What is this about?

Criminal Appeal filed by the appellant against the rejection of his bail plea under the SC/ST Act. The court held that the learned Special Judge illegally rejected bail and allowed the appellant to be released on bail subject to standard conditions.

What did the court decide?

Release of appellant on bail subject to personal bond and two sureties, with conditions of cooperation and non-tampering.

Ranveer Singh Yadav @ Rangvir Kumar Vs State of Up and… — Caste Atrocities | Allahabad HC (2021)

¶1

Court No. - 74

¶2

Case :- CRIMINAL APPEAL No. - 1675 of 2021

¶3

Appellant :- Ranveer Singh Yadav @ Rangvir Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Bhajan Chaudhary Counsel for Respondent :- G.A.

¶4

Hon'ble Pradeep Kumar Srivastava,J.

¶5

Heard learned counsel for the appellant and learned AGA for the State and perused the record.

¶6

Notice was sent to respondent no.2 and the Chief Judicial Magistrate, concerned vide letter dated 20. 07.2021 has submitted that the notice has been personally served on respondent no.2 but no one is present on his behalf.

¶7

This appeal has been filed by appellant Ranveer Singh Yadav @ Rangvir Kumar against the impugned order dated 05.02.2021 passed by learned Special Judge, SC/ST Act/Additional Sessions Judge, Ghaziabad, passed in Bail Application No. 854 of 2021, arising out of Case Crime No.1912 of 2020, under Sections 376 I.P.C. and Section 3(2) (V) of SC/ST Act, P.S. Indrapuram, District Ghaziabad by which bail plea of appellant has been rejected. Aggrieved by the rejection order this appeal has been filed.

¶8

The informant lodged the FIR on 27.11.2020 making allegation that she works in Tricolite Electrical Industrial Ltd. Company and the appellant Ranveer Singh Yadav @ Rangvir Kumar also works in the same company and he is senior to the informant. After promise of marriage and saying love towards his marriage he made physical relationship with her and when informant asked him to marry, he refused and threatened her by using caste related words.

¶9

Submission of learned counsel for the appellant is that the appellant has been falsely implicated in this case. He was senior to her and informant wanted out of turned promotion to which the appellant did not agree and, therefore, she lodged a false FIR. The informant is a mature girl and she was voluntarily enter physical relationship with him and there was no force on her. It has also been submitted that in the statement under Section 164 Cr.P.C. that the relationship started on 01.01.2020 and the FIR has been lodged on 27.11.2020 as such there appears to be a delay in lodging the FIR also. Further submission is that the learned Special Judge did not consider

¶10

the relevant circumstances and merely on the ground that the informant belongs to scheduled caste community rejected the bail application, the impugned order is illegally and is liable to be set aside. Further submission is that appellant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses.

¶11

Learned AGA has vehemently opposed the prayer and submitted that in both her statements under Section 161 and 164 Cr.P.C. the informant has supported the FIR version and it is not denied by the appellant that they have sexual relationship.

¶12

Considered the submissions of both the sides. It appears to be a relationship between both sides for a prolonged period of more than 10 months. The FIR appears to have been lodged only because when the appellant refused to marry with her. Therefore, considering the facts and circumstances of the case, and the period to which the relationship between two continued, I find that the learned Special Judge has committed illegality in rejecting the bail application and, therefore, the impugned order is liable to be set aside.

¶13

In the result, appeal is allowed . Impugned order dated05.02.2021 passed by learned Special Judge, SC/ST Act/Additional Sessions Judge, Ghaziabad is set aside.

¶14

Let appellant-applicant Ranveer Singh Yadav @ Rangvir Kumar be released on bail in Bail Application No. 854 of 2021, arising out of Case Crime No.1912 of 2020, under Sections 376 I.P.C. and Section 3(2) (V) of SC/ST Act, P.S. Indrapuram, District Ghaziabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶15

(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

¶16

(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

¶17

(iii) The applicant-appellant will not indulge in any unlawful activities.

¶18

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶19

Order Date :- 9.8.2021 Mini

Ranveer Singh Yadav @ Rangvir Kumar v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ranveer Singh Yadav @ Rangvir Kumar v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rishipal Yadav Vs State of U.P. and Another

Manish Chaudhary Vs State of U.P. and Another

Smt. Nirmala Devi Vs State of U.P. and 2 Others

Kaleem Ahmad Vs State of U.P.

Mohd. Waseem and 6 Others Vs State of U.P. and Another

Nandan @ Nandram Vs State of Up and Another