Allowed

Asharam v. State of U.P and Another

Allahabad HC16 Dec 2021BAIL/3933/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application disposed of by a single judge allowing bail to the applicant charged under IPC and POCSO. The court noted the applicant has no criminal antecedents and the rape accusation was against another co-accused, holding a case for bail is made out.

What did the court decide?

Released on bail on executing a personal bond and two reliable sureties each in the like amount subject to conditions against tampering with evidence, criminal activity, and intimidation of witnesses.

Asharam Vs State of U.P and Another — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3933 of 2021

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Applicant :- Asharam Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.,Jitendra Kumar,Shashi Bhushan Rai

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by the applicant, Asharam, in Case Crime No. 279 of 2020, under Sections-363, 376 (D) (A), 452, 506 I.P.C. and 5 (Chha)/ 6 of Protection of Children From Sexual Offence Act, Police Station-Dataganj, DistrictBadaun.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 24.11.2020; he is of no criminal antecedent; First Information Report was delayed by three months and it was by way of application under Section 156 (3) Cr.P.C.; specific accusation for rape is against Rajkumar; Mukesh and applicant has been said to have whistle at the time of occurrence; they have said to be taken the prosecutrix at above ' Chhapar '; co-accused Mukesh with same accusation has been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 3954 of 2021; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail; hence bail has been prayed for.

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Learned counsel for the informant as well as learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.

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Having heard learned counsel for both the parties, gone through the material placed on record it is apparent that accusation of rape is not against the applicant, rather it is against Rajkumar; co accused has already been enlarged on bail, as above.

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Considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

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Let the applicant, Asharam , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 16.12.2021

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Deepak/

Asharam v. State of U.P and Another

Case brief

What is this about?

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Asharam v. State of U.P and Another

Case brief

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