Second bail application under Sections 452, 376(3), 323 IPC and Sections 3/4 POCSOS arising from an FIR alleging physical relations on pretext of marriage. Court noted victim's trial statement, detention over one year, and allowed bail subject to conditions.
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Neutral Citation No. - 2025:AHC:37593
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4769 of 2025
Applicant :- Shami Alam Alias Samay Alam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
place. The victim has not sustained any injury. Referring to statement of the victim, it was submitted that the victim has got pregnancy from her husband, who has later on passed away. There is inordinate delay in lodging of the first information report. As victim and informant have already been examined before the trial Court and thus, there is no possibility of tampering with evidence. Lastly, it is submitted that applicant is in jail since 17.02.2024 and thus, he has already undergone detention of more than one year. It was stated that the applicant has no criminal history and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
i. The applicant shall not tamper with the evidence during the trial.
ii. The applicant shall not pressurize/ intimidate any of the prosecution witness.
iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 17.3.2025 RKM
Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant in a POCSO and rape case, whose first bail application was rejected, deserves bail given trial court statements of victim and informant, detention period and delay in FIR.
4 provisions across 2 enactments
Shami Alam Alias Samay Alam
State Of U.P.
Raj Beer Singh
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
