Raman Kumar Rawat v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49612 of 2023 Applicant :- Raman Kumar Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Vakalatnama filed today in Court by Sri Rajesh Kumar Srivastava, Advocate on behalf of the first informant is taken on record.

¶2Heard Sri Manoj Srivastava, learned counsel for the applicant, Sri Rajesh Kumar Srivastava, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Raman Kumar Rawat, seeking enlargement on bail during trial in connection with Case Crime No. 178 of 2023, under Sections 376, 506 I.P.C., registered at Police Station Hanumant Vihar, District Kanpur Nagar.

¶4The FIR of the matter was lodged on 04.07.2023 by the victim against the applicant alleging therein that she was living in a rented house. Her neighbour Raman Kumar Rawat the applicant used to visit her house when her husband used to go. He assured her of marrying her after she gives divorce to her husband. In the meantime, he made a video of her and started threatening of making it viral and on creating pressure he established physical relationship with her. She used to request to delete it but he used to force her and threatened her and continued establishing physical relationship with her. When she asked him to marry her he refused it and threatened her.

¶5Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim is a married woman. It is argued that subsequently the victim during investigation changes the prosecution version and states of the applicant clipping her video while she was taking bath and then he demanded money, threatened her to make viral the said video and committed rape on her. It is argued that the implication of the applicant in the present case, is false. He further argued that the applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 06.07.2023.

¶6Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail.

¶7After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a married woman. The relationship between the applicant and the victim was on some understanding on her giving divorce to her husband and marrying the applicant, the same could not materialize.

¶8Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

¶9Let the applicant Raman Kumar Rawat, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶10The 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 applicant to prison.

¶11The bail application is allowed. Order Date :- 22.11.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad