Ravi Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Neutral Citation No. - 2024:AHC-LKO:84642

Court No. - 8

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10441 of 2024

Applicant :- Ravi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ravi Dwivedi,Ambrish Kumar Dwivedi,Dinesh Kumar Dixit,Kuldeep Kaur,Laxmi Shanker Goswami,Shamsher Ali,Vinay Mishra,Virendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in respect of FIR/Case Crime No.91/2023, under Section 376D, 323, 506 IPC, Police Station Khairabad, District Sitapur.

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The submission of the learned counsel for the applicant is that as per the averments made in the FIR, it is alleged that the applicant was known to the family of the complainant. The applicant had convinced the complainant that he would marry her and allegedly under a false promise to marry, the applicant had intimate relations with the complainant.

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It is further stated that when the complainant made repeated conversations with the applicant regarding fulfilling his promise to marry, at that stage, the applicant is said to have abused and threatened the complainant with dire consequences. The aforesaid FIR was initially lodged under Section 493, 504, 506 IPC. Later, upon the statement of the complainant being recorded, the applicant and another co-accused, namely, Akash was charged under Section 376-D IPC.

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The submission of the learned counsel for the applicant is that from a perusal of the statement of the complainant under Section 161 Cr.P.C., it would reveal that the averment as indicated in the FIR were reiterated. In the said statement, she had not named the co-accused. However, when her statement under Section 164 Cr.P.C., was recorded, she included the name of the co-accused Akash, who is also related to the complainant. Another fact was incorporated that the other co-accused had made a video of the complainant and the applicant in a

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comprising posture. The complainant also gave a statement that she wanted to marry the applicant but once he had refused and threatened the complainant, now, she does not wish to get married. She further improved her statement and stated that the parents of the applicant as well as the applicant had visited the house of the complainant where the complainant was physically assaulted and in the aforesaid circumstances, it is urged that the stand of the complainant has changed dramatically at every stage.

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It is submitted that the applicant and the complainant though had a romantic relationship which became sour and in order to falsely implicate the applicant, the FIR was lodged coupled with incriminating statement in order to give colour by incorporating Section 376-D IPC and make the offence grave.

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It is further submitted that the applicant has no criminal history and belongs to a stable household. He has a complaint future ahead on him, apart from the aforesaid fact that the applicant is in jail since 30.07.2024.

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It is also urged that the co-accused, namely, Akash has already been enlarged on bail by this Court vide order dated 31.05.2024 and in the aforesaid circumstances, the applicant is also entitled for bail.

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Learned AGA has opposed the prayer for bail, however, could not dispute the aforesaid fact including that there is no material which has surfaced during the investigation to indicate that any video of the complainant and the applicant was made by the other co-accused.

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It is also pointed out that the charge-sheet has been filed and the charges have yet to be framed and there is no likelihood of the trial to conclude soon.

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Taking overall facts and circumstances as well as the fact that there has been improvement in the case of the complainant at each stages as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Ravi involved in the aforesaid FIR/Case

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Crime Number be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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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 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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(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 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 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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(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, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the 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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Order Date :- 17.12.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Ravi v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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