Allowed

Mohd. Noman v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Allahabad HC26 Mar 2025BAIL/12511/2024

Case brief

AI extract

What is this about?

Bail application in a rape case registered after an FIR alleging the applicant entered the victim's house at night and raped her. The informant later turned hostile during trial-court recording of her statement, saying she had implicated the applicant under family pressure. Finding this sufficient, the judge allowed bail with standard conditions.

What the court decided

AI extract

Mohd. Noman Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:17399

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12511 of 2024

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Applicant :- Mohd. Noman Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Manish Mani Sharma,Sikandar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Sikandar Yadav, learned counsel for the applicant, Shri Ajit Singh, learned State Counsel and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.230 of 2024, under Sections 331(4), 64, 352, 351(3) of B.N.S. registered at Police StationHanswar, District- Ambedkar Nagar.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.10.2024 alleging that while the applicant was sleeping alone in her house at about 01:00 AM on 09.10.2024, the applicant entered her house and raped her. When she raised her voice, her sister-in-law came there and the applicant ran away. The informant reiterated the FIR version in her statements recorded under Sections 180 B.N.S.S. and 183 B.N.S.S. No mark of injury or sign of use of force was found during medico-legal examination report of the victim. The radio-logical examination report opined the age of the victim between 18-19 years.

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The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge-sheet submitted on 11.11.2024.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of the statements of the

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informant recorded by the trial Court. The informant has been declared to be hostile. In her cross-examination, by the prosecution, she stated that she had implicated the applicant under pressure of her family members.

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Keeping in view the aforesaid statements of the informant, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Mohd. Noman be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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As the victim has turned hostile, it is provided that in case she has been provided any benefit for the reason of her being a victim of the present case, the same shall be recovered from her in accordance with law.

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The learned A.G.A. shall communicate this order to the District Magistrate, Ambedkar Nagar and Superintendent of Police, Ambedkar Nagar to ensure compliance of this order.

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[Subhash Vidyarthi, J.]

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Order Date :- 26.3.2025 -Amit K-

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

Mohd. Noman v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Case brief

What is this about?

What the court decided

Mohd. Noman v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Case brief

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