Single-judge court allowed bail application under Section 377 IPC. Bench noted belated FIR and no injuries to victim. Applicant granted bail on personal bond and two sureties with standard conditions.
Released on bail by furnishing personal bond and two sureties in like amount subject to conditions of conduct.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41852 of 2022
Applicant :- Ramveer Singh Parmar Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. F.I.R. was lodged belatedly without any plausible explanation. He is languishing in jail since 20.8.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
In this matter, injury report goes to show that no injury has been found by the doctor on the person of the victim. F.I.R. is highly belated. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , 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.
Let the applicant Ramveer Singh Parmar involved in Case Crime No. 143 of 2022, under Section 377 IPC, P.S. Jagner, District - Agra be released on bail on 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 4.11.2022
safi
Digitally signed by MAHBOOB SAFI Date: 2022.11.04 13:16:31 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving sexual offence under Section 377 IPC considering the belated filing of FIR and absence of injuries.
Whether the applicant will misuse the liberty of bail given his innocence and lack of prior history.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶8
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Ramveer Singh Parmar
Nalin Kumar Srivastava
As recorded by the court registry
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