Criminal Misc. Bail Application No. 34992 of 2020 wherein the High Court at Allahabad, in a fit case for bail approach, allowed the bail plea of Omkarnath Vishwakarma accused in a rape case without expressing any opinion on merits.
Release of the applicant on bail on executing a personal bond and furnishing two sureties subject to specific conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34992 of 2020
Applicant :- Omkarnath Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh,Kuldeep Singh Counsel for Opposite Party :- G.A.,Harish Chandra Mishra
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Harish Chandra Mishra, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Omkarnath Vishwakarma in connection with Case Crime No.121/2020, under Sections 376-D, 504, 506 I.P.C., Police Station Rajapur, district Chitrakoot.
The first information report of this incident was lodged by the complainant, the victim herself against the applicant. It was alleged in the first information report that the applicant, who is a Fair Price Shop owner called the complainant to increase units in her ration card near Atrauli Poliya near canal and then committed rape with the complainant.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the ration card of the alleged victim is annexed on page no.26 of the paper book, which contains the name of the alleged victim, Neetu Devi, her husband Ram Bharose and two daughters Ragani Devi and Ranu. He submitted that the ration card of the mother-in-law of the alleged victim is annexed on page no.25 of the paper book. He submitted that no more units can be added in the ration card of the alleged victim, the prosecution story set up in the complaint appears doubtful. He submitted that the story put forward by the alleged victim is totally false and baseless. He submitted that the alleged victim has refused her medical examination. He further submitted that the allegation levelled against the applicant is only to tarnish the image of the applicant. He submitted that the applicant is languishing in jail since 10.08.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Omkarnath Vishwakarma involved in the
aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.12.2020
R./
1 issue framed by the court
Whether the bail application against the applicant in the rape case is fit for allowing bail.
Omkarnath Vishwakarma
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
