CRIMINAL MISC. BAIL APPLICATION No. 44428 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:90528 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44428 of 2024 Applicant :- Om Prakash Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amitesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. There are allegations against the applicant of committing the offence of rape and criminal intimidation of her student aged about 9 years. Counsel for the applicant submits that it is a case of bad touch at the most. There was dispute of applicant regarding tuition fees with the parents of victim which is the reason of his false implication. The applicant is in jail since 27.02.2024 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Man