RANJEET YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/2846/2025 · 2025-04-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131807 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131807 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18888 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2846 of 2025 Applicant :- Ranjeet Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey,Osama Syed Counsel for Opposite Party :- G.A.,Santosh Kumar Tirpathi Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Riyaz Ahmad, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A.-I for the State, Shri Santosh Kumar Tripathi, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.794 of 2024 under Sections 70(1), 115(2), 140(1), 191(2) B.N.S. registered at Police Station- P.G.I., District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.11.2024 against eight named persons, including the applicant and some unnamed persons, stating that the informant had gone to a hotel with her friends at about 08:30 PM on 23.11.2024. Upon coming out of the hotel at about 09:50 PM, while she was waiting for the Cab and her two friends had sat in the Cab, two four-wheeler vehicle was there and she was forcibly put in one of the two Cars. A Scorpio vehicle followed the two Cars. More than seven men and a girl were sitting in the three vehicles. They took her on Sultanpur road for about 100 to 150 Km and all the accused persons raped her and beaten her. They dropped her back at Telibagh at about 03:00 AM and they put her in an auto-rickshaw. She went to P.G.I. police station from where she was taken to Trauma
Centre. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the F.I.R. version. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged that all the male accused persons had raped her and the only female person Seema was exhorting them to rape her. 6. During medico-legal examination, the informant told the Doctor that eight assailants had committed gang-rape against her. However, she stated that her genital areas had been forcibly washed off and her mouth had also been forcibly washed off. No obvious injury was found on the genitals of the informant. The informant did not give consent for detection of internal injuries.
Although vaginal swab and other samples were collected for pathological examination but there is no mention of any findings in the pathological report which might support the allegation of commission of gang-rape. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The involvement of the applicant in four other cases has been disclosed in para-37 of the affidavit, in all of which he has already been granted bail. 8. It has further been stated in the affidavit that the informant had earlier also lodged an F.I.R. No.262 of 2023 against five named persons, including the co-accused Sunil Yadav alleging that she had gone to the house of her friend-accused Safalta Pathak, where some illicit dirty activities were being carried out. The informant tried to videograph the incident whereupon the accused persons forced her to join the dirty deeds being
committed there. 9. Another F.I.R. No.265 of 2023 was lodged in Police Station- Ashiyana, District- Lucknow on 27.06.2023 by the police against five persons, including Safalta Pathak, alleging that the accused persons were involved in illegal flesh trade. The informant claims that the said F.I.R. was lodged at her behest. 10. An F.I.R. No.397 of 2024 for offences under Sections 308(2) and 352 B.N.S. was lodged in Police Station-Gomti Nagar, District- Lucknow against the informant of the present case and two other persons alleging that the informant of the case had booked Escort Services to be rendered by two girls but when the girls reached there, they were different from the once whose photographs were shown at the time of booking. The present informant was one of the girls and when the informant of that case declined to avail her services, she threatened and blackmailed him. 11. Learned A.G.A.-I has vehemently opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 01.03.2025. 12.
Learned counsel for the informant has also vehemently opposed the bail application. He has produced some photographs of the informant showing her having suffered injuries and being treated in a hospital. However, he could not dispute that the informant has not suffered any grievous hurt. 13. The learned counsel for the informant has submitted that there are numerous photographs taken from the CCTV cameras installed at toll plazas showing some vehicles passing through the toll plazas but he admitted that in none of the photographs,
the informant or the applicant can be identified. 14. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation is of commission of rape by eight persons but no injury was visible on her private parts and she declined internal examination for ascertainment of any injury and the allegation is not supported by pathological examination report; there is a long chain of incidents leading to lodging of F.I.R.s at the behest of the informant as also against her containing allegations of commission of misdeeds, including sexual offences and that the investigation already stands concluded, 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. 15. Accordingly, this bail application stands allowed. 16. Let the applicant-Ranjeet Yadav 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 :- 4.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench