ANIRUDDH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/1980/2025 · 2025-05-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126987 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126987 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26861 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1980 of 2025 Applicant :- Aniruddh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Anil Kumar Akela,Pushpendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Anil Kumar Akela, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned counsel 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. 206 of 2024, under Sections 70(2), 87, 137(2), 351(3) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Alambagh, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.11.2024 against three persons, including the applicant, stating that the applicant had raped the informant's sister. 4. In the statement of the victim recorded under Section 180 BNSS she stated the co-accused Akhilesh had forcibly taken her on his motorcycle and he and the applicant took her to a house, where the applicant had raped her. 5. The medico legal examination report of the victim has reported no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183
BNSS she reiterated that the applicant had raped her. In the affidavit filed in support of bail application it has been stated that the applicant is a 19 years old boy, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and a copy of charge sheet dated 24.12.2024. The learned counsel for the State has also submitted that the information of the application has been delivered to the informant through police. 8. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith copies of statements of victim as well as of the complainant recorded by the trial court. Both of them have been declared to be hostile. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a young boy having no previous criminal history and he is languishing in jail since 13.11.2024 and the informant and the victim have turned hostile and without making 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Aniruddh Kumar 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.)5 Order Date :- 7.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench