Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 120634 (ALL)

SURAJ BALMIKI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/1358/2025 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:17357 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1358 of 2025 Applicant :- Suraj Balmiki Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Akhilesh Pratap Singh,Hari Bux Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri H.B. Singh, learned counsel for the applicant, Sri Anshuman Verma, learned AGA for the State, Sri Harendra Pratap Singh, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0457 of 2024, under Sections 64(2), 351(2) B.N.S. and Section 5/6, 3/4 POCSO Act, Police Station Chinhat, District Lucknow. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 24.09.2024 alleging that the applicant raped the informant's minor daughter when she was alone in her house in the evening of 13.09.2024. 4. 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. 5. Supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statements of the informant and victim recorded by the trial court. Both of them have been declared to be hostile. 6. Learned counsel for the informant does not oppose the bail application. 7. Keeping in view the aforesaid facts of the case, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Suraj Balmiki be released on bail in the aforementioned 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. [Subhash Vidyarthi, J.] Order Date :- 26.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench