Allahabad High Court
Ravi vs State Of U.P. Thru. Prin. Secy. ... on 26 July, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2894 of 2022
Applicant :- Ravi
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another
Counsel for Applicant :- Anil Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
As per Office report dated 21.04.2022, the service of notice upon opposite party No.2 is sufficient. However, nobody appeared on behalf of the opposite party No.2 to oppose the present bail application. Learned AGA Sri Shailendra Tripathi representing the State is present. In these circumstances, this Court proceeded to hear the case on merits.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 126 of 2021, under Sections-376, 504, 506 I.P.C., Police Station-Asoha, District-Unnao.
Learned counsel for the applicant submitted that accused-applicant is innocent and has been falsely implicated in the instant case. It is submitted that present FIR against the applicant has been lodged with oblique motive to marry with the informant. He submitted that the applicant and the prosecutrix/victim, whose husband was expired about two years back, belongs to the same village. It is further submitted that a conjoint reading of the story of the prosecution indicated in the FIR as also in the statement of victim recorded under Section 161 CrPC would show that both applicant and the victim were living under the same roof and victim is having a son of about 11 years old. It further transpires from the annexure No.2 to the bail application that the victim at relevant time was about 42 years old and as per FIR, the applicant was 25 years old and these facts established that present FIR has been lodged against the applicant only for the purposes of solemnizing the marriage with the informant.
Further submission is that if the case of the prosecution is taken on its face value even then no case would be made out against the applicant. In support of his submission, learned counsel for the applicant has relied on the judgment Pramod Suryabhan Pawar vs. State of Maharashtra; reported in 2019 (9) SCC 608. In these circumstances, the applicant is entitled to be released on bail.
It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 16.01.2022.
Learned A.G.A. opposed the prayer for grant of bail, however, he could not dispute the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the statement(s) recorded under Sections 161 and 164 CrPC as also the judgment on the issue and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Ravi be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 26.7.2022
Vinay/-
