Allahabad High Court
Ravi Kumar vs State Of U.P. And Another on 21 June, 2021
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- CRIMINAL APPEAL No. - 332 of 2021 Appellant :- Ravi Kumar Respondent :- State Of U.P. And Another Counsel for Appellant :- Arvind Kumar Tewari,Sanjay Pathak Counsel for Respondent :- G.A. Hon'ble Vipin Chandra Dixit,J.
Counter affidavit filed by learned AGA, is taken on record.
Despite service of notice, no one has appeared on behalf of opposite party no.2 .
Heard Sri Sanjay Pathak, learned counsel for the appellant as well as learned AGA for the State through video conferencing and perused the impugned judgment.
The present criminal appeal has been filed u/s 14(A)(2) of S.C./S.T. Act against the impugned order of rejection of bail dated 1.12.2020 passed by learned Special Judge,(S.C./S.T.) Act, Sonbhadra.
It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. As per Highschool marksheet the date of birth of victim is 1.3.2003. The alleged incident is of 7.11.2020. Thus on the date of incident the victim was above 17 years. The statement of victim was recorded under section 161 Cr.P.C. in which she has stated that she went with the applicant on her own sweet will and in her statement recorded under section 164 Cr.P.C. she has stated that she went to the house of her uncle(Tau) and made no allegation against the applicant. Learned counsel then submitted that there are several contradictions in the statements of victim recorded under section 161 and 164 Cr.P.C. The victim has refused to get medically examined. No offence is made out against the applicant. There is no possibility of the appellant of fleeing away from judicial process or tampering with the witnesses. Learned counsel for the appellant lastly submitted that the appellant is in jail since 9.11.2020 and if released, he will not misuse the liberty of bail.
Per contra, learned A.G.A. supported the impugned order.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, I find that the court below has erred in rejecting the bail application and the impugned order dated 1.12.2020 is liable to be set-aside and appeal is liable to be allowed.
The appeal is allowed. The impugned order dated 1.12.2020 passed by Special Judge,(S.C./S.T.) Act, Sonbhadra is set-aside and this appeal stands allowed.
Let appellant-Ravi Kumar be released on bail in Case Crime No. 137 of 2020 under Sections 363, 366, 120-B I.P.C. and Section 3(2)(V) S.C./S.T. Act, P.S. Pannuganj, District Sonbhadra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
(v) The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
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 appellant to prison.
Order Date :- 21.6.2021 P.P.