SHIV KUMAR @ NIRAHU NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
BAIL/2985/2025 · 2025-04-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132558 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132558 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19959 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2985 of 2025 Applicant :- Shiv Kumar @ Nirahu Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Vinod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Vinod Kumar Pandey, learned counsel for the applicant, Shri Ambrish Verma, 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.250 of 2024 under Sections 70(2), 351(3), 352 B.N.S. & 3/4 P.O.C.S.O. Act, 2012 registered at Police Station- Jaisinghpur, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.09.2024 at about 22:23 hours against the applicant and Pawan Nishad stating that the accused persons had forcibly taken the informant's daughter to a field and both of them raped her. When she cried, the informant and his wife reached there. The police was also called by dialing no.112 and had taken away both the accused persons. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant on phone and she categorically stated that nothing was done against her forcibly. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she categorically
stated that none of the accused persons had raped her and her father had lodged the F.I.R. on false allegations. 7. Having considered the aforesaid facts and circumstances of the case and consistent statements of the victim, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shiv Kumar @ Nirahu Nishad 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 :- 9.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench