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2025 DAILYLAW 129486 (ALL)

BABU LAL PATHARKATTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/2441/2025 · 2025-03-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16638 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2441 of 2025 Applicant :- Babu Lal Patharkatta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rajesh Kumar,Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Suhail Kashif, learned counsel for the applicant, Shri Anshuman Verman, learned A.G.A. 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.896 of 2023, under Sections 376-D, 342, 376 I.P.C. & 5/6 P.O.C.S.O. Act, 2012 registered at Police Station- Kotwali Nagar, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.08.2023 by the applicant's daughter against three persons, including the applicant, stating that all the accused persons used to rape her. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 60 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 5. A copy of the statement of the informant/victim recorded by the trial Court has been annexed with the affidavit wherein she has been declared to be hostile. 6. Co-accused Mohd. Shakeel has been granted bail by means of an order dated 31.07.2024 passing by this Court in Criminal Appeal No.3119 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- Babu Lal Patharkatta 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 :- 24.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench