AMAR SINGH @ AMBAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
BAIL/2714/2025 · 2025-04-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130895 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130895 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18402 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2714 of 2025 Applicant :- Amar Singh @ Ambar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Krishna Kumar Singh, learned counsel for the applicant, Sri Satyenda Srivastava, the learned A.G.A.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0143 of 2024, under Sections 376/506 I.P.C., Section 5(J)(2)/6 POCSO Act and Section 3(2)(v), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Barasgawar, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.10.2024 stating that the informant is aged about 17 years. The named accused Rajjan had raped her about 7 months ago, due to which she got pregnant. 4. In the statement of the informant recorded under Section 180, B.N.S.S. she reiterated her earlier version, however, in her statement recorded under Section 183, B.N.S.S. she stated that after the named accused had raped her in the night, in the morning the applicant took her to a grove and raped her. 5. In the affidavit filed in support of the application it has been stated that the applicant is a 65 years old person having no criminal history. He has been falsely implicated in the present case and he is languishing in jail since 26.10.2024. 6. The learned A.G.A. has opposed the bail application and he has submitted that the victim has categorically stated that the applicant had raped her. The allegation has been established during investigation and chargesheet has been submitted on
05.12.2025. 7.
Having considered the aforesaid facts and circumstances of
the case and keeping in view the fact that victim herself has lodged the F.I.R. 7 years after the incident against a named accused person and she did not implicate the applicant either by lodging or while recording her statement under Section 180 B.N.S.S.; investigation has been concluded and chargesheet has been submitted; applicant is a 65 years old person having no criminal history and he is in jail since 26.10.2024, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Amar Singh alias Ambar Singh 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 :- 2.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench