Allahabad High Court
Ravi @ Siddharth vs State Of U.P. on 20 July, 2021
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18001 of 2021 Applicant :- Ravi @ Siddharth Opposite Party :- State of U.P. Counsel for Applicant :- Javed Khan,Mohammad Javed Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as learned A.G.A., over this Bail Application, moved by the accused-applicant, Ravi @ Siddharth, and perused the record.
By means of this application, the accused-applicant, who is said to be involved in Case Crime No.622 of 2017, under Sections 376, 354 and 506 of I.P.C., Police Station- Majhola, District- Moradabad, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in Jail since 16th March, 2021; accused-applicant is of no criminal antecedent; there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail; present accused-applicant was not named in the first information report nor in the statement, recorded, under Section 161 of Cr.P.C.; for the first time, his name was surfaced in the statement of the prosecutorix, recorded before the Trial court, as PW-1, and on the basis of the same, applicant has been summoned and arrested. Hence, bail has been prayed for.
Learned A.G.A. has vehemently opposed the prayer for bail, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that the first information report was admitted to be dictated, typed and signed by the prosecutorix, wherein, name of the present accused-applicant was not there nor his name was there in the statement recorded, under Section 161 of Cr.P.C. For the first time, his name was there in the testimony, recorded before the Trial court, during Trial.
Considering all above facts and circumstance, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without expressing any opinion on merit of the case, a case for grant of bail, during trial, is made out.
Accordingly, this bail application is allowed.
Let the applicant, Ravi @ Siddharth, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 20.7.2021 bgs/