TAIYAB KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
BAIL/950/2025 · 2025-05-05
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120758 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120758 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25930 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 950 of 2025 Applicant :- Taiyab Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Saggir Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Saggir Ahmed, learned counsel for the applicant, Shri Ashok Srivastava, learned A.G.A. for the State, Shri Abhishek Shukla, the learned counsel for the informant and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.192 of 2024 under Sections 137(2), 87, 64, 351(2) of B.N.S., Section 3/4 of P.O.C.S.O. Act registered at Police Station- Bazar Shukul, District- Amethi.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.07.2024 implicating three persons on the basis of suspicion, stating that the informant's daughter had gone missing on 17.07.2024.
4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant for the past one year but she did not level any allegation against the applicant.
5. The medico-legal examination report mentions no mark of injury or sign of use of force. As per the radio-logical examination report, the age of the victim is about 18 years.
6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she was talking to the applicant for the past one year and she loved him. She had gone to meet the applicant and when the applicant asked her to go back home, she had declined. The victim was accompanied by his cousin and both of them went back bu she stated that before going back, the applicant raped her.
7. Co-accused Amir Khan has been granted bail by means of an
order dated 25.09.2025 passed by a co-ordinate Bench of this Court in Crl. Misc. Bail Application No.10216 of 2024.
8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case.
9. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 08.09.2024.
10. The learned AGA as well as the learned counsel for the informant have opposed the bail application and they have submitted that allegations have been established during investigation and a charge-sheet has been submitted thereafter.
11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation agaisnt the applicant in her statement recorded under Section 180 B.N.S.S., although she alleged commission of rape in her statement under Section 183 B.N.S.S., the allegation is not supported by the findings of the medico-legal examination report coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 103.08.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid
facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
12. Accordingly, this bail application stands allowed.
13. Let the applicant- Taiyab Khan 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 :- 5.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench