Ravi @ Rabi Kumar v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50513 of 2023 Applicant :- Ravi @ Rabi Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Balbeer Singh,Jaswant Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Shatrughna Yadav, learned AGA for the State apprised the Court that on 11.09.2023, notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant.

¶2Heard Sri Balbeer Singh, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 105 of 2023, under Sections 363, 366, 376, 506 IPC & 5L/6 POCSO Act, Police Station-Kotwali Kannauj, District-Kannauj, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against unknown person and according to the FIR, daughter of the informant aged about 16 years had gone to appear in her examination but she missed somewhere on the way.

¶5Learned counsel for the applicant submitted that nobody was named in the FIR but when the statement of the victim was recorded under Section 161 Cr.P.C. then she stated that she is around 16 years' old and she loved the applicant and she also performed marriage with him and thereafter applicant was made accused in the present matter.

¶6He further submitted that when the statement of the victim was recorded under Section 164 Cr.P.C. then she changed her earlier version and stated that her father turned her out from her home and thereafter she had gone to Delhi and nobody enticed her and nobody committed rape with her.

¶7He further submitted that applicant is not having any criminal history and he is in jail since 29.05.2023.

¶8Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that victim in her statement recorded under Section 164 Cr.P.C. did not make any allegation against the applicant.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10Considering the statement of the victim recorded under Section 164 Cr.P.C., which has been annexed at page no. 55 of paper book, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Ravi @ Rabi Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 28.11.2023 KK Patel High Court of Judicature at Allahabad High Court of Judicature at Allahabad