Heard Ms. Vandana Srivastava, learned counsel for the applicant, Sri Rajesh Kumar Chaudhary, learned counsel for the informant and Ms. Akanksha Gaur, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 72 of 2020 under Sections 323, 376, 504 and 506 I.P.C., P.S. Kotwali, District Basti.
As per F.I.R. which has been lodged by Rinka Yadav, victim herself, she was preparing for competitive examination and had taken a room on rent where the applicant was also living and they were together going to attend coaching and friendship was developed, thereafter they started talking to each-other for getting married and, three years ago, they had gone to the temple and had got married. Applicant continued to have physical relationship with the victim and when she insisted to go to applicant's parents house, he refused. Regarding this, informant disclosed to her parents, thereafter she had gone to the accused parents' house where she was thrown out and beaten up also.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant is innocent. This is a case of consensual sex; he is in jail since 17.09.2020; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and has drawn attention of the Court towards statement of victim recorded under Section 164 Cr.P.C. in which it is stated by her that cheap video had been made by the applicant of her, thereafter applicant tried to blackmail her and was raping her again and again. Further it is stated by her that on 8.03.2019, she had gone after marriage to her Sasural where also, applicant started telephoning her and sent her video because of which, she was thrown out of her matrimonial home, hence bail of applicant should be refused.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Ravi @ Jagdamba Updhyay involved in aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 8.1.2021/A. Mandhani