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2025 DAILYLAW 132992 (ALL)

BADAL v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

BAIL/3059/2025 · 2025-04-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20370 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3059 of 2025 Applicant :- Badal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Praveen Kumar Pandey, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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.0498 of 2024, under Sections 137(2), 87 and 70(2) B.N.S. and Section 5(G)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bachharawa, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2024 against the applicant, one Dhiraj and an unknown person, stating that informant's daughter aged 15 years had gone missing from his home in the night of 29.08.2024 and upon making inquiry, he came to know that she had gone to the house of her Bua at Aghaura. She told that the applicant had raped her and the other named accused person was also present there. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 15 years; she knows the applicant for the past one year and she had herself called the applicant by making a phone call. She had made relations with the applicant out of her own free will. No other person was involved in the incident. 5. The medico-legal examination report of the victim discloses no mark of injury or sign of use of force. As per the educational certificate, date of birth of the victim is 07.07.2007. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she is aged 17 years, she had herself called the applicant and she had made physical relations with the applicant willingly and thereafter she herself left the place. 7. In the affidavit filed in support of bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. The learned Additional Government Advocate-I appearing on behalf of the State has vehemently opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 24.09.2024. 9. Having considered all the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she did not allege commission of any misdeed by the applicant and that the applicant is a young man aged 20 years having criminal history and he is languishing in jail since 31.08.2024, whereas 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Badal 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 :- 10.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench