Allahabad High Court
Ravi Kumar Verma vs State Of U.P. Thru. Addl. Chief Secy. ... on 5 November, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:72777
Court No. - 12
Case :- CRIMINAL APPEAL No. - 2786 of 2024
Appellant :- Ravi Kumar Verma
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another
Counsel for Appellant :- Vinay Kumar Verma,Neetesh Kumar
Counsel for Respondent :- G.A.,Shiv Shankar Singh
Hon'ble Saurabh Lavania,J.
1. Rejoinder affidavit filed today, is taken on record.
2. Heard counsel for the appellant, learned Counsel for the side opposite as also learned A.G.A. for the State and perused the record.
3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 03.08.2024 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No. 2374 of 2024, arising out of Case Crime No. 164 of 2024, under Sections- 376/452/504/506 I.P.C., Section- 3(2)(V) of SC/ST Act Police Station- Baddupur, District- Barabanki.
4. While pressing the present appeal, learned counsel for the appellant submitted that the informant/victim, leveling allegations against the appellant to the effect that on the pretext of false promise of marriage the appellant established physical relations with her, lodged an FIR on 28.05.2024, thus, if the case of prosecution is taken on its face value then in that eventuality, possibility of conviction of appellant is bleak in view of law settled by the Hon'ble Apex Court in the judgment(s) rendered in the case of Deepak Gulati vs. State of Haryana (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another (2021) 7 SCC; and Mandar Deepak Pawar vs. State of Maharashtra and Another 2022 SCC OnLine SC 2110.
5. It is further submitted that appellant, having no criminal history, is languishing in jail since 02.06.2024 and the possibility of conclusion of trial in near future is extremely bleak.
6. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.
7. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant including that informant/victim has been declared hostile by the trial court.
8. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.
9. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the observations made by Hon'ble Apex Court in the judgments, referred above, including that the appellant is in jail since 02.06.2024 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.
10. Orderdated03.08.2024 passed by Special Judge, SC/ST Act, Barabanki in Bail Application No. 2374 of 2024, arising out of Case Crime No. 164 of 2024, under Sections- 376/452/504/506 I.P.C., Section- 3(2)(V) of SC/ST Act Police Station- Baddupur, District- Barabanki, is hereby set aside.
11. Let the appellant- Ravi Kumar Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-
(i) The appellant shall cooperate with the prosecution during trial.
(ii) The appellant shall not tamper with the evidence during trial.
(iii) The appellant shall not pressurize/intimidate the prosecution witness(s).
(iv) The appellant shall not commit an offence.
(v) The appellant 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel.
(vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.
(viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
12. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law
13. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.
Order Date :- 5.11.2024
Jyoti/-
