Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34280 of 2021 Applicant :- Ravi Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sujeet Kumar,Manoj Vashisth,Rahul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 224 of 2020, under Sections 313, 323, 376, 504 and 506 I.P.C., P.S. Chhawani, district-Basti, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant in pursuance of an application given under Section 156(3) Cr.P.C. against four persons, including the present accused, alleging therein that on 11.4.2016 when her mother had gone to field for doing agricultural work, her sister was alone in her house, then the present accused entered the house and committed rape with her.
Learned counsel for the applicant submits that as per High School certificate the alleged victim is major and she was a consenting party. She in her statement recorded under Section 164 Cr.P.C. (Annexure-4) has specifically stated that she had left her parental home on her own sweet will and gone with the applicant to Bheelwada and lived with him as his wife and established sexual relations with her and became pregnant. Further submission is that the alleged victim has refused to get herself medically examined. He lastly submits that the applicant, who is in jail since 28.5.2021 and has no criminal antecedents to his credit, is entitled to be enlarged on bail during the pendency of the trial.
Sri R.K. Singh, learned counsel for the informant has stated at the Bar that the alleged victim has solemnized marriage with the present accused and at present she is living at his house.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the alleged victim was major and she has solemnized marriage with the accused, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ravi Kumar Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 27.10.2021 Faridul