Ravi Vs State of U.P. and Another

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37030 of 2021

Applicant :- Ravi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Mishra,Amit Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned counsel for the side opposite and perused the record.

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The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 452 of 2020, under Sections- 354, 323 I.P.C. and 7/8 POCSO Act, Police StationShahganj, District- Agra during the pendency of trial.

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It is contended by learned counsel for the applicant that the applicant is the father of victim. It is further contended that some altercation took place between the parents of victim and the matter in regard thereto went to police station concerned. The allegations against the applicant in the FIR are of outraging the modesty of victim. It is contended that medical examination of victim has not been done. Her statements as required under Sections 161 & 164 Cr.P.C. were recorded. In her statement recorded under Section 164 Cr.P.C., she has specifically stated that her father has not done anything wrong with her. The submission in nutshell is that the victim herself has not levelled any allegation against the applicant regarding any wrongdoing with victim. In these circumstances, the prayer is to allow bail application and release the applicant on bail.

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Lastly it is contended that the applicant is in jail since 29.09.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the side opposite opposed the prayer for bail but could not dispute the aforesaid aspects of the case as argued by learned counsel for the applicant including the submission regarding statement of victim recorded under Section 164 Cr.P.C.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie

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satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 as also taking note of statement of victim recorded under Section 164 Cr.P.C. and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant- Ravi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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 :- 5.1.2022 Arun/-

Ravi v. State of U.P. and Another

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Ravi v. State of U.P. and Another

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