Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12311 of 2021 Applicant :- Arvind Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari,Devendra Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that initially in this matter F.I.R. was lodged by the father of the victim lady for the offence under Section 452 and 354(kha) IPC on the basis of information given by the victim and other family members. At that time, no allegation for the offence under Section 376 IPC was levelled. Victim was interrogated on 27.10.2020 but she also not levelled allegation of rape against the applicant. For the first time in the statement recorded under Section 164 CrPC, victim levelled allegation for committing rape with her by the applicant. Referring to aforesaid facts, statements of victim recorded under Sections 161 and 164 CrPC it is further submitted that the statement under Section 164 CrPC was given by her after advise. Had the offence of rape been committed with the victim, this fact would have come in the F.I.R., which was lodged on her information, or in the statement recorded under Section 161 CrPC. The applicant has no criminal history. He is languishing in jail since 5.11.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Sections 161 and 164 CrPC, 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.
Let the applicant Arvind Verma involved in Case Crime No. 230 of 2020, under Sections 452, 376 IPC, P.S. Biwar, District - Hamirpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 30.7.2021 safi