High Court
Case Details
Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55479 of 2022 Applicant :- Somveer Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Legal Reasoning
Learned counsel for the applicant has further submitted that the applicant is in jail since 5.7.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from the judicial process or tampering the evidence as such prima facie a case for bail is made out. Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts. Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that the victim is a married lady aged about 30 years and even as per the allegations made in the F.I.R. it is alleged that one Sona wife of Somveer had introduced her to one Ramveer and thereafter said Ramveer started making physical relations with her. Thereafter the applicant clicked some objectionable videos of the victim and started making physical relations with her by blackmailing her and thereafter Ram Rahis who is nephew of Ramveer also started insisting upon her to make physical relations with her and then she lodged the F.I.R. Even in the statement shown to be recorded under section 161 Cr.P.C. the prosecution story has been reiterated. However, in the statement recorded under section 164 Cr.P.C. it has been alleged that about six months back she had gone to see her friend Sona and the applicant committed rape on her. Ram Rahis also insisted to make physical relations with her. Since the applicant started blackmailing her by making objectionable video as such she has not lodged the F.I.R. The victim is a married lady aged about 30 years. From perusal of the allegations made in the F.I.R. as well as the statements of witnesses it appears that she has been in consensual physical relations with the applicant. However, when Ram Rahis also started insisting to make physical relations with her, then she has lodged F.I.R. The allegations that the applicant made some objectionable videos and started blackmailing her is absolutely false, cooked up and concocted. Even during course of investigation no such video has been recovered by the police. The victim is a married lady and mature enough to understand the consequence of her act. The applicant is in jail since 5.7.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from the judicial process or tampering the evidence. In the backdrop of the said facts and circumstances prima facie a case for bail is made out. Let applicant- Somveer be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :- (1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A IPC. (3). 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. is issued and the 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 IPC. (4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 sufÏcient 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. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. The bail application is accordingly allowed. Order Date :- 6.12.2022 R Digitally signed by RAM ASARE MORYA Date: 2022.12.08 12:05:03 IST Reason: Location: High Court of Judicature at Allahabad
Arguments
Heard learned counsel for applicant, the learned AGA for the State and perused the record. Applicant- Somveer seeks bail in Case Crime No. 452 of 2022, under Section 376, 120-B, 294 IPC, P.S. Ujhani, District- Budaun. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the victim is a married lady aged about 30 years and even as per the allegations made in the F.I.R. it is alleged that one Sona wife of Somveer had introduced her to one Ramveer and thereafter said Ramveer started making physical relations with her. Thereafter the applicant also started making physical relations with her and made some objectionable videos and started blackmailing her and thereafter Ram Rahis, who is nephew of Ramveer, pressurised her to make physical relations with her, consequent to which she had come to lodge the report. Learned counsel for the applicant has next submitted that even in the statement shown to be recorded under section 161 Cr.P.C. the prosecution story has been reiterated. However, in the statement recorded under section 164 Cr.P.C. it has been alleged that about six months back she had gone to see her friend Sona and the applicant alongwith Ramveer committed rape on her. Ram Rahis also tried to commit rape on her The applicant by clicking some objectionable videos started blackmailing her as such she has lodged the F.I.R. after six months. The victim is a married lady aged about 30 years. From perusal of the allegations made in the F.I.R. as well as the statements of the victim, it appears that she has been in consensual physical relations with the applicant. However, when Ram Rahis also insisted to make physical relations with her, then she has lodged the F.I.R. Learned counsel for the applicant has next submitted that in fact the victim is a major lady and has been in consensual physical relations with the applicant and the allegations of making objectionable videos and blackmailing her is absolutely false, cooked up and concocted. Even during course of investigation, no such video has been recovered by the police. Learned counsel for the applicant has next submitted that the victim is a married lady and mature enough to understand the consequence of her act.