In criminal miscellaneous bail application, the Allahabad High Court granted bail to the accused. The court noted inordinate FIR delay and lack of corroboration. Applicant released on personal bond and sureties.
Released on bail by furnishing personal bond and two reliable sureties of Rs.20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:57605
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9010 of 2024
Applicant :- Riti Ram Opposite Party :- State Of U.P. Thru. Secy. Home. Deptt. Civil. Secy. Lko. And 3 Others Counsel for Applicant :- Vineet Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
2 . In terms of the FIR registered through an application under Section 156(3) Cr.P.C. on 28.03.2023, it was alleged that on 27.02.2023 at about 6 PM, the informant was going along with her minor daughter on a public vehicle and on the way the said vehicle was breakdown and when the informant and her daughter were waiting for another public vehicle and the daughter of the informant went for relieving herself, the applicant along with two unknown persons committed wrong on her. In the statement under Section 161 Cr.P.C. the victim stated that all the three persons have committed wrong on her. In the statement under Section 164 Cr.P.C., the victim stated that her mother was held by the said persons. The medical on record naturally did not indicate any injury as the same was done on 06.03.2023.
3. Learned A.G.A. opposed the bail prayer.
4. Considering the inordinate delay in lodging the FIR and there being no corroborative evidence , a case for bail is made out. The applicant who is in custody since 19.05.2023 and has no criminal history is enlarged on bail. Accordingly, the bail
application is allowed .
5. Let the applicant Riti Ram be released on bail in FIR/ Case Crime No. 63 of 2023, under Sections 376, 323, 504, 506 IPC, Section 3(2)(V), 3(1)Dha SC/ST Act and Section 3/4 POCSO Act, Police Station Sawayazpur, 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 23.8.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether bail is admissible for the accused given the inordinate delay in lodging the FIR and lack of corroborative evidence.
Whether the conditions of personal bond and sureties are sufficient to secure appearance at hearings and prevent tampering.
Whether to release the applicant on bail who has no criminal history in the present case.
6 provisions across 4 enactments
Riti Ram
State Of U.P. Thru. Secy. Home. Deptt. Civil. Secy. Lko. And 3 Others
Pankaj Bhatia
Arun Kumar
As recorded by the court registry
2 orders share this CNR
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