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2024 DIGILAW 2426 (ALL)

Ravi v. State of U. P.

2024-11-28

SHEKHAR KUMAR YADAV

body2024
JUDGMENT : SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the material on record. 2. The applicant seeks bail in Case Crime No. 488 of 2024, under Sections 123, 69 of BNS, P.S. Khoda, District Ghaziabad, during pendency of trial. 3. As per prosecution story, victim was known to the applicant and also on talking terms with applicant for the last about 12 years and it is further alleged that applicant was emotionally blackmailing her for marriage. It is further alleged that on 12.07.2024, victim went to meet the applicant at Khera where she was given some poisonous substances in cold drink as a result of which she became unconscious and the applicant is said to have ran away leaving her at secluded place. 4. It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the incident is alleged to be of 12.07.2024 whereas the FIR was lodged after 45 days without there being any plausible explanation. It is further submitted that the victim is aged about 18 years as per her own admission in her statement under Section 183 BNSS and she was consenting party and she lived with the applicant without any alarm at different places. It is further submitted that the victim has herself denied her internal and external medical examination. It is further submitted that perusal of the statements of the victims itself shows that she was known to the applicant for the last 12 years and was consenting party. It is submitted that the alleged victim is in fact major and in a consensual relationship with the applicant. The applicant is in jail since 01.09.2024 and has no criminal history. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail. 5. Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant. 6. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 6. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case. 7. Let the applicant- Ravi, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified: (i) 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. (ii) 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 sufficient cause, the Trial Court may proceed against him under Section 269 BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS, 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 209 BNS. (iv) 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 351 BNSS 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.