RAHUL v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS
BAIL/1701/2025 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125332 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125332 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26416 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1701 of 2025 Applicant :- Rahul Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Umesh Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Umesh Singh, the learned counsel for the applicant, Ms. Nikita Mishra, 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 her 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. 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 rejoinder 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, 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- Rahul 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 :- 6.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench