The High Court rejected an anticipatory bail application filed by Raman Verma in a rape case, noting his police service against leniency. The court directed that a bail application would be expedited if he appears within two weeks.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5471 of 2022
Applicant :- Raman Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This third anticipatory bail application has been moved seeking anticipatory bail in Case Crime No.106 of 2021, under Sections 376(2)(n), 506 IPC, P.S. Tajganj, District Agra with the prayer that in the event of arrest, applicant may be released on bail.
The first anticipatory bail application of applicant was rejected for want of prosecution and the second anticipatory bail application of applicant was rejected on the ground that the said application was filed before this Court directly without approaching the Session Court.
According to prosecution version, the prosecutrix came in contact of applicant through Facebook. The applicant has posed himself as inspector in police and later on they developed friendship. The applicant took the prosecutrix to a hotel and forcibly established physical relations with her and when objected by the prosecutrix, he has promised that he would marry with her. On his assurance, the prosecutrix has obtained divorce from her husband but later on applicant started threatening her and refused to marry her. It was also alleged that applicant has threatened that in case, she does not submit herself to the applicant for physical relations with him, he would make her objectionable photographs and video viral.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It was submitted that prosecutrix is a mature lady and she was already married. It was stated that applicant has never established physical relations with the prosecutrix and that first information report has been lodged with malafide intention. Referring to statement of prosecutrix, recorded under Section 164 CrPC, it was submitted that allegations of rape made against applicant, are thoroughly false. It was submitted that the applicant is working in police and he has no criminal antecedents and that in case, the applicant is granted anticipatory bail he would co-operate during investigation and trial and would obey the conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail and argued that there are allegations against applicant that he has committed rape upon prosecutrix. It was further submitted that being a police official, the applicant has indulged in such incident and thus, he deserves no leniency.
Considering the submissions of learned counsel for the parties, nature of accusations and all attending facts of the matter, the applicant is not entitled for anticipatory bail. Hence the present application for anticipatory bail is hereby rejected.
However, it is directed that in case, applicant appears/surrenders before the court below within two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously, in accordance with settled law.
Order Date :- 14.11.2022 Neeraj
Digitally signed by NEERAJ KUMAR SINGH Date: 2022.11.14 18:00:46 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail in case of rape allegations when he is a police official.
Whether the rejection of the anticipatory bail application was justified given the nature of accusations.
What directions were issued regarding the consideration of a future bail application if the applicant surrenders.
1 provisions across 1 enactments
Raman Verma
State of U.P.
Raj Beer Singh
Neeraj
As recorded by the court registry
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