Allowed

Ram Ji Kumar Dhariya v. State of U.P. and Another

Allahabad HC1 Nov 2023BAIL/43683/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Ram Ji Kumar Dhariya, accused under Sections 376 and related provisions of the IPC. The applicant alleged false implication and noted the victim's refusal for medical examination. The court found the case for bail made out and granted release subject to conditions. Order dated 1.11.2023.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two heavy local sureties subject to conditions of appearance.

Ram Ji Kumar Dhariya Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:209000

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43683 of 2023

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Applicant :- Ram Ji Kumar Dhariya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R S Dubey,Savita Dubey Counsel for Opposite Party :- G.A.,Sanjeev Kumar Yadav

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A for the State, Sri Sanjeev Kumar Yadav, learned counsel for the first informant and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that initially, the applicant had lodged a first information report against the victim and her husband under Sections 406, 323, 506 I.P.C. and only to escape from the said proceedings, the victim has initiated the instant proceedings levelling allegation of rape against the applicant. He further submits that the victim is major and that the victim has refused to undergo for medical examination. It is thus contended that the once the victim has refused to undergo for internal examination, which itself cast a shadow of doubt on the prosecution thus, no offence against the applicant is made out . Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that

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he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 12.05.2023 having no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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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, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Ramji Kumar Dhariya involved in Case Crime No.160 of 2023 under Sections 328, 376, 343, 384, 504, 506 I.P.C., Police Station Bansgaon, District Gorakhpur, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed

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against him under Section 229-A of the Indian Penal Code.

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III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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

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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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Order Date :- 1.11.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Ram Ji Kumar Dhariya v. State of U.P. and Another

Case brief

What is this about?

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Ram Ji Kumar Dhariya v. State of U.P. and Another

Case brief

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