Allowed

Om Sharma v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Allahabad HC6 Dec 2024BAIL/9268/2024

Case brief

AI extract

What is this about?

In a bail application involving allegations of rape under IPC 366, 376, the Allahabad High Court permitted bail noting discrepancies in the victim's statements and absence of corroboration. A personal bond with conditions was imposed.

What did the court decide?

Applicant Om Sharma released on bail by furnishing personal bond and two sureties subject to strict conditions against tampering or intimidating witnesses.

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

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Neutral Citation No. - 2024:AHC-LKO:81656

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9268 of 2024

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Applicant :- Om Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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In the prosecution case it is alleged that daughter of the informant aged about 16 years went from home on 18.05.2024. When she did not return, the informant searched her and came to know that she has been enticed away by the accused persons.

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Learned counsel for the applicant submits that the victim in her statement under Section 161 Cr.P.C has made allegation of rape against both the accused persons, namely, Virendra and Om Sharma, the applicant. While making statement under Section 164 Cr.P.C. she has made improvement and has submitted that she was raped by the applicant only and nothing was done by the co-accused. He further submits that statements of victim under Sections 161 and 164 Cr.P.C. are at variance. In the medico legal examination report of the victim, no corroborative material has been found. In the ossification test, the victim has been found major aged about 18 years. The applicant having no criminal history is languishing in jail since 24.05.2024.

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Learned A.G.A. has opposed the prayer for bail.

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On due consideration to the varied statements of the victim under Section 161 and 164 Cr.P.C, lack of corroborative medical evidence and the fact that the applicant has no criminal antecedents, the applicant is languishing in jail since 24.05.2024 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant, Om Sharma involved in Case Crime/FIR

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No. 45/2024, under Sections 366, 376 IPC, Police Station - Fursatganj, District Amethi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 6.12.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Om Sharma v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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Om Sharma v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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