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2025 DAILYLAW 132438 (ALL)

ANKIT RANA v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME AND 3 OTHERS

BAIL/2930/2025 · 2025-04-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19820 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2930 of 2025 Applicant :- Ankit Rana Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ravindra Shukla, learned counsel for the applicant, Sri Alok Kumar Tiwari, the learned Additional Government Advocate 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.0121 of 2024, under Sections 363, 366 and 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Musafirkhana, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.05.2024 stating that the informant's daughter aged 17 years had gone missing from the house of her sister in the night of 20.05.2024. 4. In the statement of the victim recorded under Section 161 CrPC, she stated that she has been talking to the applicant for the past two years, she had herself called the applicant by making a phone call and she had gone to Delhi and made physical relations with him with mutual consent. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. In the radiological examination, age of the victim has been opined to be about 18 years. In the statement of the victim recorded under Section 164 CrPC, she reiterated her earlier version and categorically stated that she had gone with the applicant out of her own free will and the applicant did not commit any deed forcibly. 5. In the affidavit filed in support of bail application, it has been stated that the applicant is a young man aged 24 years having no criminal history and he is languishing in jail since 29.11.2024. In para-13 of the affidavit filed in support of the bail application applicant's involvement in four other cases has been disclosed in two of which he has been granted bail and in two other cases he has received notice under Section 41-A CrPC. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the bail application and submitted that the allegations have been established during investigation and a charge- sheet has been submitted on 03.12.2024. However, he has submitted that the findings recorded in the forensic test did not reveal any abnormality. Learned Additional Government Advocate stated that information of the present application has been served upon the informant. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim and that the victim has been found to be major during her radiological examination, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Ankit Rana 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 :- 8.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench