Neutral Citation No. - 2024:AHC-LKO:41808
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5957
of 2024
Applicant :- Ramvilash
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home
Lko.
Counsel for Applicant :- Ram Chandra Dwivedi,Uday Pratap
Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
1. Heard learned counsel for the applicant and learned A.G.A.
for the State.
2. As per learned counsel for the applicant, the present applicant
is in jail since 19.03.2024 in Case Crime No.71 of 2024, under
Sections 147, 323, 306, 354Ga IPC, Police Station- Fatehpur
Chaurasi, District - Unnao.
3. Learned counsel for the applicant has further submitted that
the present applicant has falsely been implicated as he has not
committed any offence as alleged. Attention has been drawn
towards impugned FIR, wherein the specific allegation of
committing rape has been levelled against accused no.1, Rohit
Nishad, however, against remaining accused persons including
the present applicant, the allegation has been levelled that they
had beaten the victim and clicked their obscene video.
4. Learned counsel for the applicant has stated that the victim
has committed suicide and as per postmortem report, there is no
ante-mortem injury, therefore, the story of beating the victim
has been nullified. Further, no evidence of clicking obscene
video has been found, therefore, no charge-sheet has been filed
under I.T. Act. Learned counsel has reiterated that in the present
case, the main accused is Rohit Nishad. Learned counsel has
further submitted that the co-accused person namely, Chhotu @
Amit, who has been assigned similar role, has been enlarged on
bail by this Court vide order dated 31.5.2024 in Criminal Misc.
Bail Application No.5827 of 2024, therefore, on the basis of
principles of parity, the present applicant may also be enlarged
on bail. There is no prior criminal history of any kind
whatsoever. Therefore, if the present is released on bail, he shall
not misuse the liberty of bail and shall abide by all terms and
conditions of the bail order and shall cooperate in the trial
proceedings.
5. Learned A.G.A. has, however, opposed the prayer for bail but
he could not dispute the aforesaid submissions of learned
counsel for the applicant.
6. Without entering into the merits of the case; considering the
arguments of learned counsel for the parties; contents and
allegations of F.I.R.; the fact that the allegation of beating the
victim has been nullified, no evidence of clicking obscene video
has been found, no charge-sheet has been filed under I.T. Act;
the present applicant is having no prior criminal history of any
kind whatsoever; the co-accused persons namely, Chhotu @
Amit, who has been assigned similar role, has been enlarged on
bail and undertaking of the applicant that he shall abide by all
conditions of the bail order and cooperate in the trial court
proceedings, I find it appropriate to release the present applicant
on bail.
7. Accordingly, the bail application is allowed.
8. Let applicant- Ramvilash be released on bail in the aforesaid
case crime number on his 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 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.
(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 229-A of the Indian Penal
Code.
(iii) 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 of the Indian Penal Code.
(iv) 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 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 applicant shall not leave India without previous
permission of the court.
[Rajesh Singh Chauhan,J.]
Order Date :- 31.5.2024
Mohd. Sharif
Digitally signed by :-
MOHAMMAD SHARIF
High Court of Judicature at Allahabad,
Lucknow Bench