Allowed

Om Prakash v. State of U.P. and 3 Others

Allahabad HC25 May 2023BAIL/22460/2023

Case brief

AI extract

What is this about?

Single judge allowed the bail application filed by Om Prakash in a case involving allegations under IPC and POCSO, noting contradictions in the victim statement, lack of medical opinion on assault, and finding that the applicant made out a case for bail.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two sureties each in the like amount subject to conditions against tampering with evidence or influencing witnesses.

Om Prakash Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:117117

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22460 of 2023

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Applicant :- Om Prakash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Parmeshwar Kr. Chaudhary,Neha Rajput Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Learned A.G.A. submits notice upon the informant is sufficient but no one appears on his behalf.

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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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The present bail application has been filed on behalf of applicant in Case Crime No.491 of 2022, under Sections 363, 366, 376 of IPC and Section 3/4 of POCSO Act, Police Station Chaubepur, District Varanasi with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that as per the radiological report victim was around 16 to 17 years old at the time of incident. It is further submitted that during her medical examination no definite opinion of sexual assault was given and no marks of injury was observed. It is further submitted that there are material contradictions in the version of F.I.R. as well as statements of the victim recorded under Section 161 and 164 Cr.P.C. It is further submitted that victim in her statement recorded under Section 164 Cr.P.C. admitted that no physical relation established between her and applicant. It is further submitted that victim herself left her house and came to the applicant for the purpose of job and she lived at the house of applicant alongwith his family. It is further submitted that applicant is languishing in jail since 21.08.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Om Prakash in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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 to any police officer or tamper with the evidence.

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

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Order Date :- 25.5.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Om Prakash v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Om Prakash v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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