Allowed

Kamlesh v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC22 Mar 2024/275/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a second bail application challenging incarceration since January 2021 in a case involving alleged physical relation and assault on an elderly victim. Relying on limited prosecution evidence and lack of serious injuries, the court granted bail.

What did the court decide?

The applicant Kamlesh was released on bail in FIR No. 20 of 2021 on furnishing personal bonds and two reliable sureties of Rs.20,000 each.

Kamlesh Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:25836

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 275 of 2023

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Applicant :- Kamlesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bhagwati Prasad Nigam Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . This is the second bail application. The first bail application was rejected by this Court vide order dated 26.08.2022.

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3 . While the arguing the present second bail application, the submission of the counsel for the applicant is that in terms of the FIR, allegation of forming physical relation with the victim, who is aged about 85 years, were leveled. He draws my attention to the statement recorded under Section 164 Cr.P.C., wherein the allegation of inappropriately touching the private parts was made. In the statement of the victim recorded during trial, the victim disclosed her age as 60 years although in the prosecution evidence she has supported the prosecution story, however, in the cross examination, she has stated that there was some problem in her eyes. She also stated that the applicant came and started beating her, which resulted into injuries on her entire body and when the other three persons named in the said statement came, the applicant ran away. He further argues that the applicant has no criminal history and is in custody since 12.01.2021, as such, he may be enlarged on bail.

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4. Learned A.G.A. opposed the bail prayer.

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5. Considering the said statement as well as the statement under Section 164 Cr.P.C., which are

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corroborated by the medical on record, which does not indicate any injury on any of the part of body except swelling on the lower lip, prima facie, a case for bail is made out, particularly the applicant is languishing in jail since 12.01.2021 and out of 12 witnesses proposed to be examined only one witness has been examined and the prosecution has sought discharge of two witnesses. A report was also called for by this Court, which indicates that it is the prosecution who is delaying the trial. Considering the said report also and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Kamlesh be released on bail in FIR/ Case Crime No. 20 of 2021, under Sections 376, 452, 323, 504, 506 IPC, Police Station Mallawan, District Hardoi, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 22.3.2024 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Kamlesh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Kamlesh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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