Ranvir Singh v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52893 of 2023 Applicant :- Ranvir Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kunal Shah,Awadhesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Awadhesh Kumar Pandey, learned counsel for the applicant, Sri Shree Krishna Tiwari, learned counsel 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-Ranvir Singh, seeking enlargement on bail during trial in connection with Case Crime No.428 of 2023, under Section 376 IPC, registered at Police Station Kokhraj, District Kaushambi.

¶4The FIR of the matter was lodged on 20.9.2023 by the victim herself against the applicant alleging therein that he used to look at her with evil eyes often and molested her which she objected. On 15.9.2023 at about 2 a.m. in the night he came inside the house from the roof and tore her clothes and gagged her mouth and committed rape on her. Her mother-in-law when woke up, raised shouts on which he ran away.

¶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 major married woman having a child. It is argued that in the radio logical examination, the age of the victim has been opined as 21 years. It is argued that medical examination report does not corroborate the factum of rape as the doctor did not find any injury either on the body or on the private part of the victim. The alleged incident is stated to have taken place on

15.9.2023 but the FIR has been lodged on 20.9.2023 and there is no plausible explanation whatsoever regarding the delay in lodging of the FIR. It has also been pointed out that the applicant is not having any criminal history as stated in para 25 of the affidavit. The applicant is in jail since 23.9.2023.

¶6Per contra learned counsel for the State opposed the prayer for bail.

¶7After hearing the counsel for the parties and perusing the record, it is evident that the FIR has been lodged after five days of the alleged incident. The victim is a major married woman.

¶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-Ranvir Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties 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. (Samit Gopal, J.) Order Date :- 11.12.2023 Gaurav Kuls High Court of Judicature at Allahabad