Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9403 of 2021 Applicant :- Ravi Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Devendra Kumar Counsel for Opposite Party :- G.A.,Ram Sharan Giri
Hon'ble Samit Gopal,J.
The matter has been taken up through Video Conferencing.
Heard Sri Ram Prakash holding brief of Sri Devendra Kumar, learned counsel for the applicant, Sri V.K. Maurya, learned A.G.A. for the State and perused the material on record. Sri Ram Sharan Giri, learned counsel for the first informant is not present even though Video Link has been sent to him and various attempts have been made to connect him.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Ravi Verma, seeking enlargement on bail during trial in connection with Case Crime No. 160 of 2020, u/s 376, 506 I.P.C., registered at Police Station Atarra, District Banda.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the victim was aged about 24 years and is the first informant herself. It is further argued that the victim went with the applicant to Chitrakoot on her own sweet-will where she voluntarily stayed in a room of a hotel and stated that the applicant had forcibly committed rape on her. It is further argued that the allegations so far as it relates to objectionable photographs and video of the victim being posted on various social sites by the applicant using fake I.D and also sending them on the I.D of Akhilesh Gupta, the brother of the victim is concerned, the same has been found to be false by the Investigating Officer and as such the offence under Section 67 of the Information Technology Act has been dropped and charge sheet has been submitted only under Section 376 and 506 I.P.C., copy of the charge sheet is annexed as annexure no.7 to the affidavit filed in support of bail application. It is further argued that the medical examination report of the victim does not corroborate with the prosecution story and the victim on her own showing in the first information report, her statements recorded under Sections 161 and 164 Cr.P.C went with the applicant on her own volition and stayed with him in a room of a hotel. It is further argued that the victim was the consenting party with the applicant and they both had indulged into physical relationship out of their own sweet- will. It is further argued that even Akhilesh Gupta, the brother of the victim has not been made as a witness in the charge sheet in column 13. It is further argued that the applicant and the victim were having an affair and had voluntarily gone to Chitrakoot for a trip. It has also been pointed out that the applicant is not having any criminal history as stated in para 16 of the affidavit and is in jail since 2.9.2020.
Per contra learned A.G.A. has opposed the prayer for bail and argued that the applicant has been specifically named by the victim as the person committing rape on her. In so far as the dropping of the allegation under the Information Technology Act are concerned, the learned A.G.A could not dispute the said fact.
After hearing the counsel for the parties, it is apparent that the allegation under the Information Technology Act of posting objectionable photographs and video on social sites have been found to be false and the applicant has not been charge sheeted for it, the victim is a major girl and is a married lady who was married on 16.2.2020 as stated by her in her statement recorded under Section 164 Cr.P.C. after which she came to her parental house in the month of June and stayed there and she went with the applicant, stayed in a room of hotel out of her own volition.
Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Ravi Verma, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, in accordance with law, under section 174-A I.P.C.
(v) 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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal, J.) Order Date :- 24.5.2021 Gaurav