Allahabad High Court
Ramdev Maurya S/O Nanhu Maurya vs State Of U.P. Thru Prin Secy Home on 7 July, 2022
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7282 of 2022 Applicant :- Ramdev Maurya S/O Nanhu Maurya Opposite Party :- State Of U.P. Thru Prin Secy Home Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard Shri Ashutosh Bajpai, the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The applicant, Ramdev Maurya, has moved the present bail application seeking bail in Case Crime No. 381 of 2020, under Sections 376, 504, 506 I.P.C., Police Station Payagpur, District Bahraich.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case on the ground of business rivalry. As the applicant was working in the cycle repairing shop of informant as a mechanic, when he opened his personal shop at a nearby place from the shop of informant, then disputes arose. As per the prosecution version the informant was living in Mumbai from several years, and the wife of informant was looking after the said shop, where the applicant while, working as a mechanic, committed rape of the wife of informant repeatedly for one and half year. The complainant and victim have four children. When the applicant came from Mumbai then he came to know about the affair of applicant and his wife.
Learned counsel for the applicant further submits that in her statement recorded under Sections 161 and 164 Cr.P.C. the victim has repeated the same version narrated in the F.I.R.
Learned counsel for the applicant further submits that entire statements of the victim recorded under Sections 161 and 164 Cr.P.C. regarding allegation of rape got demolished after perusal of medical report of the victim wherein doctor has opined that there is neither sign of forceful sexual assault nor there is any external or internal injury found on her private parts.
Learned counsel for the applicant further submits that the victim is a married lady, aged about 35 years, and she is having four children. The entire prosecution story has been made with malafide intention to defame the image of applicant and his family members in the society, as after leaving the shop of informant where the applicant was working as a cycle repairing mechanic he opened his own shop at the nearby place of informant's shop, and due to this business rivalry the applicant has falsely been implicated. It appears that in her statements recorded under Sections 161 and 164 Cr.P.C., regarding allegation of rape committed by the applicant the victim has repeated same version of F.I.R. on the pressure of her husband/ informant. The victim and applicant appears to be consenting party and they knew each other very well much prior to the incident, and the applicant has falsely been implicated with malicious intention, therefore, the applicant be enlarged on bail by this Court sympathetically.
Several other submissions regarding legality and illegality of the allegations made in the F.I.R. have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused, have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant undertakes that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the applicant is not having any criminal history and he is in jail since 09.05.2022 and that in the wake of heavy pendency of cases in the courts, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is involved in a heinous crime.
After perusing the record in the light of the submissions made at the Bar and after taking an overall view of all 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 and considering that in the medical report of the victim no sign of forceful sexual assault was found, it appears that entire prosecution story has been made on account of business rivalry, as well as considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant,Ramdev Maurya, involved in Case Crime No. 381 of 2020, under Sections 376, 504, 506 I.P.C., Police Station Payagpur, District Bahraich, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5) In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
(6) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(8) 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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.
Order Date :- 7.7.2022 Mustaqeem