Allowed

Ravi v. State of U.P.

Allahabad HC7 Apr 2023BAIL/14633/2023

Case brief

AI extract

What is this about?

In a bail application under CrPC pending trial for offences under Sections 363, 366 IPC, the Single Judge allowed bail on the ground that the applicant made out a prima facie case. The High Court imposed standard bail conditions regarding witness tampering and cooperation in trial.

What did the court decide?

Bail allowed on a personal bond and two heavy sureties subject to standard conditions of conduct.

Ravi Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14633 of 2023

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Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Mishra,Shashi Bhushan Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0079 of 2023, registered under Sections 363, 366 IPC, Police Station- Gandhi Park, District- Aligarh during pendency of the trial.

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It has been submitted by the learned counsel for the applicant that both the victims are major as per the ossification report and left the home voluntarily. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further been urged by the applicant that the applicant was not present on the spot and the allegation of selling the victim is incorrect. The applicant is languishing in jail since 18.02.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Co-accused Sushma Devi has already been granted bail by the Coordinate Bench in Criminal Misc. Bail Application No. 13622 of 2023.

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Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 involved in aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.

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(iv) 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 to any police officer or tamper with the evidence.

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(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 7.4.2023 Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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