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2025 DAILYLAW 124731 (ALL)

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

BAIL/1579/2025 · 2025-05-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27940 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1579 of 2025 Applicant :- Rituraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Nizam Ahmad, the learned counsel for the applicant, Sri Anshuman Verma, learned Additional Government Advocate 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.04 of 2025, under Sections 115(2), 70(2), 351(3) B.N.S.and Section 5(g)/6 of Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station Alapur, District Ambedakar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.01.2025 against four persons, including the applicant alleging that negotiations for marriage of the informant's 16 years old daughter were going on. Her prospective husband had called to meet her at some distance from her home and when the informant's daughter went there, the named accused persons beaten him up and turned him away and they dragged the informant's daughter in sugarcane and mustard field and raped her. 4. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. The findings of the pathological examination report also do not support of the allegation of commission of rape. As per radiological examination report of the victim has been opined to be between 17-18 years. 5. 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. It has also been submitted on behalf of the applicant that the co- accused Rahul has already been granted bail by this court by means of an order dated 06.05.2025, passed in Criminal Misc. Bail Application No.1701 of 2025. 6. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet. 7. A supplementary affidavit has been filed on behalf of the applicant, annexing therewith copies of statement of the informant and the victim recorded by the trial court and both of them have been declared to be hostile. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 07.01.2025 and without any observation which may affect the merits of the case, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Rituraj 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 :- 12.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench