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2025 DAILYLAW 123318 (ALL)

KANHAIYA RAJPUT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

BAIL/1468/2025 · 2025-05-05

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26022 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1468 of 2025 Applicant :- Kanhaiya Rajput Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Smriti, learned counsel for the applicant, Shri Ravi Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.220 of 2024 under Sections 65, 333, 352, 351(3) of B.N.S. & 3/4 P.O.C.S.O. Act registered at Police Station- Safipur, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.08.2024 alleging that the informant found his 14 years daughter missing from home in the night of 27.08.2024. While she was looking for her daughter, she met her at some distance from her home and the informant's daughter told her that the applicant had caught hold of her hand and molested her. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she had herself gone with the applicant to meet the applicant and has made physical relations with him. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. 6. Learned AGA has stated that the findings of the radio-logical examination for ascertaining the age of the victim are not available in the case diary. 7. In the statement of the victim recorded under Section 183 BNSS, she alleged that the applicant had forcibly taken her to his Aunt's home and after committing the misdeed, the applicant stayed there whereas she returned home. 8. 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. 9. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 29.09.2024. The charge-sheet mentions age of the applicant to be 21 years. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the initial statements of the victim recorded under Section 180 BNSS wherein she has stated that she had herself gone with the applicant; that the medico-legal examination report reveals no mark of injury or sign of use of force coupled with the fact that the applicant is a young man aged 21 years having no criminal history and he is languishing in jail since 01.09.2024 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Kanhaiya Rajput 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