Om Prakash @ Nanhey v. State of U.P Thru. Prin. Secy. Home Lko

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13907 of 2023 Applicant :- Om Prakash @ Nanhey Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Tripathi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard Sri Ashish Tripathi, learned counsel for applicant and learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant seeking bail in case crime no. 357 of 2023, under sections 377 and 506 I.P.C. registered at Police Station-Pali, District-Hardoi.

¶3As per the prosecution case, the victim a youth of about 17 years, was dragged from his agricultural field and was forcibly put to unnatural sexual assault by the accused. This incident occurred at about 6 in the evening of 04.10.2023.

¶4It is contended on behalf of the applicant that he has been falsely implicated because of his inimical relations with the victim's side. There has been a dispute relating to property. The FIR has been lodged by the victim himself after delay of two days. No explanation has been offered by the prosecution as regard the delay in filing the FIR. The victim was not medically examined. There is no evidence to prima facie show that actually such kind of sexual assault was made on the victim. The applicant is in custody since 12.10.2023 and he has no criminal antecedents.

¶5The application for bail is opposed by learned A.G.A., however it is conceded that the applicant has no criminal history prior to this case and the applicant is in custody since last more than one month now.

¶6I considered the nature of allegation, role ascribed to the applicant, evidence proposed to be produced, period of detention, absence of previous criminal history and all other facts and circumstances of the case. In my view, a case for bail is made out.

¶7Let applicant -Om Prakash @ Nanhey be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) hearing/framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present and permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶8Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 24.11.2023 *Vikram* High Court of Judicature at Allahabad, Lucknow Bench