Allowed

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

Allahabad HC28 Oct 2023BAIL/45343/2023

Case brief

AI extract

What is this about?

Hon'ble Siddharth J. allowed bail to Ravi Yadav charged with rape, abduction, and sexual assault under IPC and POCSO. Granting bail was based on fundamental right to speedy trial and jail overcrowding, without expressing opinion on merits.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions regarding presence, non-tampering, and avoidance of adjournments.

Ravi Yadav Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:205462

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45343 of 2023

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Applicant :- Ravi Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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Learned A.G.A informs that notice has been served on opposite party no. 2 but no one has put in appearance on his behalf.

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There are allegations against the applicant of abduction of minor girl with intent to marry, commission of offences of rape and penetrative sexual assault.

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Counsel for the applicant submits that from the statement of the victim, it appears that she is well known to the applicant. She has admitted that she used to talk with the applicant for last about one year. On his call, she left her house and went with him to different places. She never raised any alarm or cried for help. She was living with the applicant and entered into voluntary physical relationship without any complaint. Thereafter she was caught by the police. The age of the victim as per school certificate is almost 18 years.

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Counsel for the applicant also submits that the victim was a consenting party all through. The applicant has been falsely implicated in this case. He is in jail since 01.07.2023 and has no criminal history to his credit.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding

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conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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.

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Let the applicant, Ravi Yadav, involved in Case Crime No. 250 of 2023, under Sections- 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station- Cholapur, District- Varanasi, 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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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuses the liberty of bail during trial 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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(v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the

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Trial Court to treat such default as abuse of liberty of 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 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 :- 28.10.2023 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

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