Allowed

Nauminath @ Naumi v. State of U.P.

Allahabad HC23 Feb 2023BAIL/6173/2023

Case brief

AI extract

What is this about?

This is a bail application for an accused facing charges of rape and other offences. The court allowed bail, directing the release on a personal bond and sureties subject to standard conditions to prevent tampering of evidence and interference with witnesses.

What did the court decide?

Release on bail with a personal bond and two heavy sureties subject to conditions regarding appearance and non-interference.

Nauminath @ Naumi Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6173 of 2023 Applicant :- Nauminath @ Naumi Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard learned counsel for the applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 26 of 2022, under Sections 376, 323, 504, 506 I.P.C., Police Station Mahila, District Gorakhpur, during the pendency of trial.

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As per prosecution story, the applicant is stated to have sexually assaulted the informant on 7.4.2022 at about 6.00 pm in the agricultural fields of the village on the pretext that he shall get the son of the victim/informant exonerated in the case he has been implicated by his wife in FIR No. 256 of 2021.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has further stated that the present case is a counterblast to the FIR No. 256 of 2021 lodged by the wife of the applicant on 5.7.2021 under Sections 376-AB IPC and 5/6 POCSO Act. Learned counsel has submitted that the trial is going on in the said case as charge sheet has already been filed in the said case, which is annexed to the bail application. The present FIR has been lodged by moving an application under Section 156 (3) Cr.P.C. on 27.4.2022. Even that application is delayed by about 15 days and there is no explanation of the said delay caused. It is further stated that there is no injury to corroborate the prosecution story and the victim is 45 years of age.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 17.1.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the 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- Nauminath @ Naumi involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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i. The applicant will not tamper with the evidence during the trial.

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ii. The applicant will not pressurize/ intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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v. 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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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 23.2.2023\Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Nauminath @ Naumi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nauminath @ Naumi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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