Allowed

Ram Naresh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC20 Apr 2023/5340/2023

Case brief

AI extract

What is this about?

Single judge granted bail to an ailing 70-year-old applicant involved in a case alleging sexual assault and atrocities, noting contradictions in the victim's statements and prior bail of a co-accused.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned.

Ram Naresh Vs State of U.P. Thru. Prin. Secy. Home Lko… — Caste Atrocities | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5340 of 2023

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Applicant :- Ram Naresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Vishwesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vishwesh Pratap Singh, the learned counsel for the applicant and Sri Vishal Agarwal, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 497 of 2021, under Sections 376(D), 504, 506, 452 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act and under Sections 3(1) da, 3(1) dha, 3(2)5A and 3(2)5 of Scheduled Castes and Scheduled Tribes Act, registered at Police Station Kotwali Sadar, District Khiri.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 02.06.2021 against four named accused persons including the applicant, alleging that on 02.04.2021, the informant had caught her minor daughter while she was talking on phone to the co-accused Ajeet Mishra, which phone had been provided to her by the applicant. She stated that at that time, her daughter was in total control of the accused persons and she was not in her control. However, later on she told that the applicant and the co-accused Ajeet Mishra have done misdeed with her.

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In the statement of the victim recorded under Section 161 Cr.P.C., she alleged commission of rape by the applicant as also

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by the co-accused Ajeet Mishra and she reiterated the aforesaid version in her statement recorded under Section 164 Cr.P.C.

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In the medico legal examination of the victim, no visible injuries has been reported on any part of her body.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is 70 years old ailing person having no criminal history and he is languishing in jail since 02.08.2021.

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It has further been stated that co-accused Ajeet Mishra @ Vipin Mishra has already been granted bail by means of order dated 27.09.2022 passed by this Court in Criminal Misc. Bail Application No. 11070 of 2021.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R does not contain any allegation of rape and allegation of rape has been levelled against the applicant as also against the co-accused Ajeet Mishra in the statement of the victim and the co-accused has already been granted bail ,whereas the applicant who is a 70 years old ailing person having no criminal history and he is languishing in jail since 02.08.2021, without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant Ram Naresh be released on bail in Case Crime No. 497 of 2021, under Sections 376(D), 504, 506, 452 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act and under Sections 3(1) da, 3(1) dha, 3(2)5A and 3(2)5 of Scheduled Castes and Scheduled Tribes Act, registered at Police Station Kotwali Sadar, District Khiri, on furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of Magistrate/Court concerned, subject to following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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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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(Subhash Vidyarthi,J.)