Allowed

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

Allahabad HC11 Jan 2023BAIL/31404/2022

Case brief

AI extract

What is this about?

In criminal bail application in Case Crime No. 117 of 2021, the Court, not expressing an opinion on the merits, held that the applicant has made out a case for bail and ordered his release on furnishing a bond and sureties subject to standard conditions of not tampering with evidence or influencing witnesses.

What did the court decide?

Applicant Ravi Kumar released on bail by furnishing a personal bond and two sureties subject to four standard conditions regarding evidence and witness tampering.

Ravi Kumar Vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31404 of 2022

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Applicant :- Ravi Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Singh Counsel for Opposite Party :- G.A.,Bharat Bhushan Dubey

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Hon'ble Mayank Kumar Jain,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 present bail application has been filed on behalf of applicant in Case Crime No. 117 of 2021, under Sections 363, 366, 376 IPC and Section 3/4 Prevention of Children from Sexual Offence Act and Section 3(2)V SC/ST Act, Police Station Lavedi, District Etawah with the prayer to enlarge the applicant on bail.

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It is argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. He further argued that victim in her statement under section 161 has not made any allegations against the applicant. She is major, according to her date of birth as 06.02.2004. It is further submitted that according to statement of victim under section 164 Cr. P.C., she is consenting party and was major at the time of occurrence. According to doctor no signs of injuries was found on the part of the victim. According to FSL report, she appears aged about 18 years. He also submitted that victim is consenting party and she has gone with the applicant with her own free will and desire, hence no offence under sections 363, 366, 376 IPC and Section 3/4 Prevention of Children from Sexual Offence Act and Section 3(2)V SC/ST Act is made out against the applicant. It is further submitted that applicant is languishing in jail since 12.12.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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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,

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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 Kumar in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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

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

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Order Date :- 11.1.2023 T.S.

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Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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