SHIVANSH PATHAK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHER
BAIL/52/2025 · 2025-04-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114018 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114018 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24837 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52 of 2025 Applicant :- Shivansh Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Other Counsel for Applicant :- Rama Pati Shukla,Alok Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ramapati Shukla, Advocate, alongwith Sri Alok Kumar Tiwari, Advocate, for the applicant as also Ms. Shikha Sinha, the learned A.G.A. and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0153 of 2024, under Sections 64, 351(3), B.N.S. 2023 and Section 3/4, POCSO Act 2012, Police Station Haiderganj, District Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.10.2024 stating that when the informant was going to school at about 8.00 a.m. on 07.10.2024, the applicant, who was known to her since before, offered to drop her at the school, but he took her to a house in Gosainganj Market and forcibly committed the misdeed against her by threatening her. 4. In the statement of the victim recorded under Section 180, B.N.S.S. she supported the F.I.R version. 5. The medico-legal examination report of the informant reveals no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183, B.N.S.S. she alleged commission of rape against her. 7. In the affidavit filed in support of the bail-application, it has been stated that the applicant is innocent. He has been falsely implicated in the present case and he has no criminal history. 8. The State has filed a counter-affidavit annexing therewith copies of material collected during investigation and a copy of the chargesheet submitted on 15.11.2024. 9. A supplementary affidavit has been filed on behalf of the
applicant annexing therewith a copy of the statement of the victim recorded by the trial court and she has been declared to be hostile. 10. Having considered the aforesaid facts and circumstances of the case, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12.
Let the applicant- Shivansh Pathak be released on bail in the aforesaid 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:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 30.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench