Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47400 of 2021 Applicant :- Ravindra Raghav Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Mishra,Toshiva Singh Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application filed under Section 439 of Cr.P.C., the applicant who is involved in Case Crime No.279 of 2021, under Sections 498A, 377, 323, 504, 506, 509 I.P.C. and Sections 67 & 67A of I.T. Act, Police Station Ecotech-III, District Gautam Budh Nagar and is in jail since 15.6.2021, is seeking enlargement on bail during the trial.
The brief facts of the case are that the first information report was lodged by the wife of applicant namely Shrishti alleging therein that someone has hacked her facebook ID and posted obscene photographs and messages to her. Later on she came to know that the obscene photographs and messages were sent to her by fake ID of Pawan Dharkan. Thereafter, the informant shown her apprehension that Pawan Dharkan may be her husband with whom she has bad relations. On investigation, it came in the light that the said facebook ID was prepared on the mobile number of accused Ravindra Raghav and it was found that he has created his facebook ID by impersonating him as Pawan Dharkan.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. He further submitted that it is a family dispute between husband and wife and the first information report was lodged by wife of the applicant. He further submitted that the allegation of oral sex has falsely been made by the informant in her statement under Section 161 Cr.P.C. He further submitted that maximum sentence provided for cheating by impersonation by using computer resource is punishable up to three years. He further submitted that the applicant is languishing in jail since 15.6.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. opposed the prayer for bail and submitted that from perusal of statement recorded under Section 161 Cr.P.C., it appears that this the family dispute between husband and wife.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances 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 Ravindra Raghav involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 22.12.2021 Anil K. Sharma