Application for bail allowed. Court noted allegations unsupported by medical report and victim's denial of specific accusations led to satisfaction for bail.
Applicant permitted release on bail by furnishing a personal bond and two sureties.
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Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2475 of 2023 Applicant :- Shri Ram Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Amit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Mr. Amit Srivastava, learned counsel for the applicant, Mr. Sanjay Srivastava, learned A.G.A. for the State and perused the records.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 177 of 2022, under Sections 323, 504, 506, 452, 354 and 376 I.P.C., registered at Police Station Haiderganj, District Ayodhya.
The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.08.2022 against three named accused persons including the applicant alleging that the accused persons wanted to take away the informant's daughter forcibly and they have beaten her and her mother with sticks.
In the medico legal examination report of the victim, no injury or any other abnormality has been reported.
Although, the victim has also stated that the applicant has posted her photographs on whatsapp and facebook in order to defame her and that the applicant has forwarded some obscene photographs of the victim to several persons, however, a copy of the victim's statement annexed with the counter affidavit indicates that in response to a specific question put to her as to whether she has any such photographs, she answered in negative.
In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely
implicated in the present case and he has no criminal history.
The learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid aspects of the matter.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations levelled in the first information report are not supported by the medico legal examination report of the victim and the victim has herself stated that there are no obscene photographs available with her as alleged in the F.I.R.; that the applicant has no previous criminal history and he is languishing in jail since 25.09.2022 and without making any observation, which may affect the merits of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.
Accordingly, this bail application stands allowed .
Let the applicant-Shri Ram Kumar be released on bail in Case Crime No. 177 of 2022, under Sections 323, 504, 506, 452, 354 and 376 I.P.C., registered at Police Station Haiderganj, District Ayodhya on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.3.2023 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail given the lack of medical injury report and inconsistent victim statement regarding allegations.
1 provisions across 1 enactments
Shri Ram Kumar
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
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