VISHRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/2246/2025 · 2025-03-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128374 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128374 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16244 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2246 of 2025 Applicant :- Vishram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Anurag Singh, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I 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.470 of 2024, under Sections 331(4), 70(1), 352 B.N.S. registered at Police Station- Reusa, District- Sitapur.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.09.2024 against the applicant and one Jagmohan, alleging that while the informant was sleeping inside her house alone, the accused persons entered her house at about 11:00 PM in the intervening night of 25/26.09.2024 and they abused and molested her.
4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the FIR version and she added that when she cried, wife of her husband's elder brother woke up and thereupon both the accused persons ran away. During medico-legal examination, the informant told the Doctor that co-accused Jagmohan had raped her. No mark of injury or sign of use of force has been reported in the medico-legal examination report. In the statement recorded under Section 183 B.N.S.S., the informant stated that Tribhuvan and the applicant had entered her room and Tribhuvan had raped her. At a subsequent stage, she gave an additional statement stating that
Tribhuvan is not involved in the incident and Jagmohan had raped her.
5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has no criminal history.
6. Co-accused Jagmohan Nishad, against whom allegation of rape has been levelled, has been granted bail by means of an
order dated 28.02.2025 passed by this Court in Crl. Misc. Bail Application No.1753 of 2023.
7. 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.
8. Accordingly, this bail application stands allowed.
9. Let the applicant- Vishram 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 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench