Allowed

Ram Naresh @ Mahesh v. State of U.P. Thru. Prin. Secy. (Home) Lko

Allahabad HC17 Jul 2023/1240/2023

Case brief

AI extract

What is this about?

The court allowed a bail application, finding that prima facie allegations are not corroborated by the medical report, key witnesses do not support the prosecution version, and the applicant has no criminal antecedents, making release safe without adverse effect on the trial.

What did the court decide?

Release on bail with personal bond and two sureties of similar amount, subject to attendance at hearings and non-interference with investigation.

Ram Naresh @ Mahesh Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:46469

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1240 of 2023

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Applicant :- Ram Naresh @ Mahesh Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla,Ravindra Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The FIR in question was lodged alleging that the victim along with one Dhiraj Kumar, Vikas Kori and Ram Naresh were working in the field and about 6:30 PM, the applicant, committed the offence under Section 376 IPC. Similar allegations have been levelled in the statements under Sections 161 and 164 Cr.P.C.

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3 . The Counsel for the applicant argues that in the medical report, which are on record, no injury is inflicted to corroborate the version of the FIR. He draws my attention to the statements of two persons, namely, Itwari Devi and Dheeraj Kumar who did not support the prosecution story. He argues that the applicant is in custody since 02.10.2022 and has involved in two cases only which are triable in nature.

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4. Learned A.G.A. vehemently opposed the bail prayer by arguing that the offence in question is serious in nature.

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5. Considering the submissions made at the bar, the averments made in the FIR as well as in the statements, which are prima facie not corroborated with the medical report, the two persons who are alleged to be present do not support the prosecution version, the applicant has no criminal antecedents and is in custody since 02.10.2022, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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6. Accordingly, the bail application is allowed .

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7. Let the applicant Ram Naresh @ Mahesh be released on bail in FIR/ Case Crime No.137 of 2022, under Section 376 IPC, Police Station Piparpur, District Amethi on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 17.7.2023 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ram Naresh @ Mahesh v. State of U.P. Thru. Prin. Secy. (Home) Lko

Case brief

What is this about?

What did the court decide?

Ram Naresh @ Mahesh v. State of U.P. Thru. Prin. Secy. (Home) Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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