Allowed

Ravi Kumar v. State of U.P. and 3 Others

Allahabad HC4 Aug 2022BAIL/18954/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by the accused, who alleged false implication by the victim's family following a quarrel. The court noted the victim's potential willingness based on her conduct and age, and ordered the applicant's release on bail with sureties and standard conditions.

What did the court decide?

Release on bail on furnishing a personal bond and two heavy sureties with conditions regarding tampering with evidence, pressurizing witnesses, and committing similar offences.

Ravi Kumar Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18954 of 2022

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Applicant :- Ravi Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vipin Chandra Pandey,Diwan Saifullah Khan Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant and learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

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It is submitted that in this case applicant alongwith his family members has been falsely implicated by the informant for making enticement of his minor daughter on 03.03.2022 regarding which an F.I.R. was lodged on 04.03.2022. Further submitted that on 01.03.2022, there was quarrel between both the families in which the younger brother of the applicant sustained injuries regarding which an F.I.R. was lodged as Crime No.446 of 2022 u/s 307, 323, 504, 506 I.P.C. Being aggrieved with this F.I.R. the present false case has been got registered against the applicant and members of his family with false allegation of enticement and committing rape with the victim. Further submitted that as per the F.I.R., the victim was taken away by this applicant from Agra on 03.03.2022 and she returned on 04.03.2022. Further submitted that as per the statement of the victim recorded u/s 164 Cr.P.C. before the Magistrate, she was taken away by this applicant to the house of his sister in Rajssthan where his sister her husband and children were present. She also stayed there for one day where applicant established physical relations with her. On the next day when she was going with the applicant by car police arrested them. This also implies the willingness of the victim because she did not make any complaint against the act of the applicant to his sister or other members of her family. She also stated before the I.O. that she was taken by the applicant on motorcycle to Rajasthan but in the way she did not make any hue and cry which also implies her willingness. As per the academic record, her age was found more than 16 years which indicates that she was in a position to understand the nature of the act. Even during medical examination no any injury was found on the person of the victim though it was done promptly. In this way, the allegation of rape against this applicant is not made out. There is no criminal antecedent against the applicant and he is in jail since 04.03.2022, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will

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co-operate in trial.

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Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that the applicant enticed away the victim who was minor and was not in a position to give consent and in case she gave her consent that was immaterial though acceded the fact of lodging the F.I.R. regarding the quarrel between the parties on 01.03.2022.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the age of the victim and her willingness and the F.I.R. lodged against the victim and members of her family regarding quarrel on 01.03.2022 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Ravi Kumar involved in Case Crime No.130 of 2022, under Sections 363, 366, 376 I.P.C. & Section 3/4 POCSO Act, Police Station Tajganj, District Agra, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 4.8.2022/Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.08.06 17:30:38 IST Reason: Location: High Court of Judicature at Allahabad

Ravi Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

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Ravi Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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