Allowed

Ram Vilas @ Sanoj v. State of U.P. and 3 Others

Allahabad HC18 Aug 2022BAIL/18496/2022

Case brief

AI extract

What is this about?

In a bail application regarding allegations of rape and other offences, the court observed that the victim was major, a dispute over land existed, and the medical report showed no signs of sexual assault. The court allowed bail without expressing an opinion on the merits of the case.

What did the court decide?

Relief on bail granted by furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned.

Ram Vilas @ Sanoj Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18496 of 2022 Applicant :- Ram Vilas @ Sanoj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sarvesh Kumar Dubey,Surendra Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant has submitted that he is innocent and has falsely been implicated in the present case for making physical relation with the daughter of the informant aged about 18 years. Further submitted that the victim was major at the time of alleged incident and there was love affair between the victim and this applicant. The incident has been narrated in two parts, first on 02.10.2018 and second 14.8.2019. It is also submitted that from 02.10.2018 physical relation was being established by this applicant with the victim but this fact came into the knowledge of the informant on 14.8.2019 then she made pressure on the applicant to marry with the victim but he refused and as a result she filed an application under section 156(3) Cr.P.C on the basis of which the F.I.R was registered. It is also submitted that after investigation, final report was submitted by the police and on the protest made by the informant, summon was made by the court concerned. It is further submitted that there is no any evidence on record to show that this applicant has committed rape with the victim, who was major. Even in the medical examination report, no any sign of sexual assault was found. Further submitted that there was dispute relating to land between both the parties regarding which an NCR was lodged on 14.8.2019 against the informant and her son by co-accused Dhani Ram. In such a situation of fact, this applicant is entitled for bail. He is languishing in jail since 5.4.2022 as having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail and urged that the applicant has committed the alleged offence, hence he is not entitled for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Ram Vilas alias Sanoj, involved in SST No.323 of 2021 arising out of Case Crime No. 259of 2019, under Sections 147, 452, 376, 323, 504, 506 I.P.C and section 5/6 POCSO Act and section 3(2)(5) SC/ST Act, P.S Thathiya, District Kannauj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 18.8.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.08.23 13:50:41 IST Reason: Location: High Court of Judicature at Allahabad

Ram Vilas @ Sanoj v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Vilas @ Sanoj v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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