Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32147 of 2021 Applicant :- Ramveer Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Dharam Veer Singh Counsel for Opposite Party :- G.A.,Rajesh Yadav
Hon'ble Rahul Chaturvedi,J.
Heard Sri Dharam Veer Singh, learned counsel for the applicant, Sri Rajesh Yadav, learned counsel for opposite party no. 2 and the learned AGA appearing on behalf of the State.
Applicant is facing prosecution in Case Crime No. 45 of 2020 under Sections 368, 342, 417 and 506 IPC P.S. Jasrana District Firozabad and is in jail since 06.01.2020.
Contention raised by the learned counsel for the applicant is that the present FIR was registered through an application under Section 156(3) Cr.P.C. by the victim herself under Sections 342, 376 and 417 IPC but after investigation, the Police have consciously dropped Section 376 IPC. It is submitted that from the material on record, it is clear that the victim was having tender relationship with Ankesh, co-accused, though she is a married lady and the mother of three children. It is also submitted that she has an extra marital relationship with Ankush. It is argued that the victim herself has declined to go medical examination. It is also argued that the victim has lodged the FIR against Ankush and the applicant has been falsely roped in, in the present case because he happens to be a close friend of Ankush.
Learned counsel for the complainant and the learned AGA have vehemently opposed the prayer for bail. They refuted the submissions advanced by the learned counsel for the applicant. However, they do not dispute the fact that the applicant has been implicated in the present case on account of his friendship with the co-accused, Ankush.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, Ramveer Lal, who is involved in Case Crime No. 45 of 2020 under Sections 368, 342, 417 and 506 IPC P.S. Jasrana District Firozabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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 :- 29.10.2021 Deepak