Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 928 of 2021 Applicant :- Ramvrij Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava,Pradeep Kumar Shukla,Shivangi Bhargava Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J. Exemption application is allowed.
Heard Shri Ajay Kuamr Srivastava, learned counsel for the applicant, Shri M.C. Chaturvedi, learned Additional Advocate General assisted by Shri R.K. Srivastava, learned A.G.A for the State through video conferencing 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 victim is major one. F.I.R. was lodged on the basis of order passed on the application under Section 156(3) Cr.P.C.. Offence is said to have been committed on 02.07.2020. Application under Section 156(3) Cr.P.C. was moved on 19.08.2020. Medical evidence does not support the oral version. Referring to the entire prosecution case, it is further submitted that statement of the victim under Section 164 Cr.P.C. was recorded after a gap of about three months. No prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 03.11.2020 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, Shri M.C. Chaturvedi, learned Additional Advocate General assisted by Shri R.K. Srivastava, learned AGA opposed the prayer for bail and argued that although F.I.R. was lodged on the basis of order passed on the application under Section 156(3) Cr.P.C. yet victim has supported the prosecution case in the statement recorded under Section 164 Cr.P.C.. A prima facie case is made out.
I have considered the rival submission and have gone through the entire record carefully.
In this matter, as is evident from the record, application under Section 156(3) Cr.P.C. was moved after a gap of about one and half months. F.I.R. was lodged on the basis of order passed on the aforesaid application. Thus, considering the medical evidence and the entire facts and circumstances of the case, as without any expressing opinion of 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 Ramvrij involved in Case Crime No. 769 of 2020, under Sections 366, 376, 506 IPC, P.S. Gunnor, District - Sambhal 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 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 :- 10.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.10 16:44:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad