Allowed

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

Allahabad HC3 Apr 2023BAIL/8005/2023

Case brief

AI extract

What is this about?

This bail application was filed by Ravi Kumar in a case involving alleged offences under IPC sections 363, 363, 376(3) and POCSO sections 5/6. The applicant claimed false implication and lack of like previous criminal record. The court allowed bail subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties, subject to standard bail conditions.

Ravi Kumar Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 53

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8005 of 2023

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Applicant :- Ravi Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Kumar Maurya Counsel for Opposite Party :- G.A.,Ram Chandra

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant, learned AGA for the State, learned counsel for opposite party no.2 and perused the record.

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The instant application for bail has been moved on behalf of the applicant, Ravi Kumar with the prayer to enlarge him on bail in Case Crime No.236 of 2022, under Sections 363, 366, 376(3) IPC and Section 5/6 POCSO Act, Police Station Charwa, District Kaushambi, during pendency of the trial.

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Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts. The accused/ applicant is innocent who has been falsely implicated in this case. He has also submitted that the victim is an adult lady. As per medical report the victim was aged about 19-20 years. In FIR the informant has mentioned her age to be 14 years and as per educational certificate the date of birth of the victim is 01.01.2008, on which learned counsel for the applicant states that if there is a date of birth like 1st January, generally it would have been written voluntarily without any basis by the concerned teacher. Both the parties belong to the same caste. During the course of investigation it was found that the victim was pregnant for seven months.

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Learned counsel for the applicant further contended that the victim in her statement under Section 161 CrPC has stated in favour of the applicant that they were living as husband and wife. She wants to live with the accused. Similar statement has been given under Section 164 CrPC in which she has stated that physical relations between both the victim and the accused had been established at her will. Learned counsel for the applicant has also submitted that the accused/applicant is languishing in jail since 03.12.2022, who has no previous criminal history. His further submission is that in case the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not

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intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

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Learned counsel for opposite party no.2 states that he has no objection if the bail application is allowed as the victim wants to live with him and both want to get their marriage registered.

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Having heard learned counsel for applicant, learned AGA for State and upon consideration of evidence on record, accusations made as well as complicity of applicant but without expressing any opinion on merits of the case, applicant has made out a case for bail.

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Accordingly, the bail application is allowed.

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Let the applicant - Ravi Kumar be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial;

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The applicant shall cooperate in the trial sincerely without seeking any adjournment;

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail;

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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 them from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;

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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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It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.

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Order Date :- 3.4.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM 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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Issues for consideration

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