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2025 DAILYLAW 127669 (ALL)

ANIL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/2299/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16467 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2299 of 2025 Applicant :- Anil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Learned counsel for the applicant has file a supplementary affidavit, which is taken on record. 2. Heard Shri Bharat Kumar Dixit, the learned counsel for the applicant and Shri Verma, the learned A.G.A. for the State. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 401/2024, under Sections 69, 351(2) of B.N.S., Police Station Kheron, District Raebareli. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.12.2024 stating that the victim/informant here is a 21 years old girl. The applicant is related to her. He used to talk to her for the past one year and allured to marry her. The applicant used to make physical relations with the applicant in her home in absence of her mother. In the night of 02.12.2024 when the informant had gone to attend a wedding, the applicant forcibly took her to a grove and made physical relations there and thereafter he declined to marry the informant. 5. In the statement of the victim recorded under Section 180 B.N.S.S. she did not make any mention about the incident that allegedly took place on 02.12.2024. The informant declined to undergo medical examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S. she reiterated the F.I.R version. 7. In the affidavit filed in support of the application, it has been stated that the applicant is a youngman, having no criminal history and he has been falsely implicated in this case, however, in the supplementary affidavit the applicant's involvement in one case, namely, Case Crime No. 378/2021 under Section 306, I.P.C. Police Station Khiron, District Raebareli, has been disclosed in which the applicant has been granted bail by means of order dated 25.05.2022. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim/informant is aged about 21 years and she admits to have made physical relations with the applicant without her marriage; that although the informant has alleged commission of rape, she has declined to undergo medical examination; and that investigation already stands concluded and the chargesheet has been submitted on 20.12.2024, I am of the view that the applicant is entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Anil 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 :- 20.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench