Allowed

Ram Kumar @ Ashok v. State of U.P. and 3 Others

Allahabad HC30 May 2023BAIL/14979/2023

Case brief

AI extract

What is this about?

Hon'ble Vivek Kumar Singh, J. allowed the bail application of Ram Kumar @ Ashok accused of offences under IPC and POCSO Act. The court held that the applicant has made out a case for bail, considering the uncertainty in the conclusion of the trial and contradictions in prosecution evidence, subject to specific conditions.

What did the court decide?

Applicant released on bail with a personal bond and two sureties subject to conditions not to tamper with evidence, visit the complaint, or indulge in unlawful activities.

Ram Kumar @ Ashok Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:124172

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14979 of 2023

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Applicant :- Ram Kumar @ Ashok Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A.,Ajay Kumar Giri,Kanchan Chaudhary

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, learned counsel for the informant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. and his name has come into light during the course of investigation. It is further submitted that there is contradiction in the statement of victim recorded under section 161 and 164 Cr.P.C. Victim has not assigned any role of committing sexual assault to the applicant in her statement recorded under section 164 Cr.P.C. which itself belies the prosecution story. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 09.02.2023 and he has no criminal history.

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Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail, but, however they have

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not disputed the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the uncertainty in conclusion of trial, also considered the statement of victim recorded under sections 161 and 164 Cr.P.C. and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , 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 Kumar @ Ashok involved in Case Crime No. 15 of 2023, under Sections 363, 366 I.P.C. and section 7/8 POCSO Act, Police Station Sumerpur , District Hamirpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 30.5.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Ram Kumar @ Ashok v. State of U.P. and 3 Others

Case brief

What is this about?

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Ram Kumar @ Ashok v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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