Allowed

Omi @ Om Prakash Raikwar v. State of U.P. and 3 Others

Allahabad HC22 Apr 2025BAIL/517/2025

Case brief

AI extract

What is this about?

Bail application under BNSS for an accused in a POCSO case. Counsel cited FIR delay of three days, normal medical examination findings, discrepancies between victim's statement and eyewitness, and clean antecedents. The court found a case for bail without commenting on merits.

What did the court decide?

Accused-applicant released on bail on executing personal bond and two sureties, subject to stated conditions including no tampering and regular appearance.

Omi @ Om Prakash Raikwar vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:60778

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 517 of 2025

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Applicant :- Omi @ Om Prakash Raikwar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Ashwini Kumar Ojha, learned counsel for the applicant, Shri S. K. Rai, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Omi @ Om Prakash Raikwar, seeking enlargement on bail in Case Crime No. 328 of 2024, under Sections 127 (2), 5/6 POCSO Act, Police Station Chirgaon, District Jhansi.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 24.10.2024. Learned counsel for the applicant submits that there is delay of 03 days in lodging the FIR. The alleged incident as per prosecution case itself was occurred on 12.10.2024 and FIR in question was lodged on 15.10.2024. It appears that the same is lodged with mala fide intention just to malign the image of the applicant and is an after thought case. The victim was medical examined and as per report no external injury was found and even the anal was reported to be normal. There is distinction in the statement of victim and eye witness Dev Singh. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without

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commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Omi @ Om Prakash Raikwar , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 22.4.2025 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Omi @ Om Prakash Raikwar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Omi @ Om Prakash Raikwar v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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