Rajiv Ranjan v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28564 of 2023 Applicant :- Rajiv Ranjan Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Pandey,Braj Mohan Singh,Indra Jit Singh,Sr. Advocate Counsel for Opposite Party :- G.A.,Vivek Kumar Pal Hon'ble Dr. Gautam Chowdhary,J.

¶1Case called out in the revised list. No one has appeared on behalf of complainant.

¶2Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶3It has been argued by learned counsel for the applicant that the complainant herself lodged the F.I.R. dated 17.06.2022 against the applicant and two other persons namely, Abhinav and Priyanka Gautam, alleging therein that friendship developed between her and applicant during study and now he is serving in Police, on

26.11.2021 called her in a hotel where he served intoxicated cold drink to her on account of which she became unconscious and thereafter he committed her rape, when she opposed the applicant threatened her to viral her obscene photographs and videos. Learned counsel for the applicant further submits that F.I.R. was lodged after about seven months of the incident, there are several contradictions in the statements of the victim recorded under Section 161 & 164 Cr.P.C. with the version of the F.I.R. The medical examination report of the victim does not corroborate with the allegation of rape made by the victim in the F.I.R. as well as in her both the statements, wherein no sign of use of force was found and as per radiological report the age of the victim was found to be more than 18 years. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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. He next submits that applicant is languishing in jail since 17.10.2022, having no criminal history.

¶4Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶5After 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 and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶6Let applicant-Rajiv Ranjan, involved in Case Crime No. 0054 of 2022, under Sections 376, 328, 504, 506 I.P.C., Police Station Mahila Thana, District Prayagraj, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(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.

¶7The 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 in accordance with law.

¶8The bail application is allowed. Order Date :- 9.11.2023 Mustaqeem. High Court of Judicature at Allahabad