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2025 DAILYLAW 134574 (ALL)

SATIRAM v. STATE OF U.P. THRU. PRIN. SECY. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/3226/2025 · 2025-04-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21986 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3226 of 2025 Applicant :- Satiram Opposite Party :- State Of U.P. Thru. Prin. Secy. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Faizal Hashmi,Shrddha Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Faizal Hashmi, learned counsel for the applicant, Sri Ravi Srivastava, 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.0029 of 2025, under Section 376 I.P.C. and Section 5/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Baskhari, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.02.2025 against the applicant, his father, mother and two brothers, alleging that the applicant has been making illicit relations with the informant since October, 2020 and when she got pregnant, the applicant gave her some medicine causing her miscarriage. The applicant kept on alluring that he would marry her. In the year 2021 the informant's father got her married to some person but she came back on the following day and did not return to her husband's home. The applicant continued to rape her and avoid to marrying her. The informant got pregnant on four occasions and on all the occasions the applicant forcibly made her consume medicine causing miscarriage and he kept on avoiding marrying her. The informant stated that she had a video recording to prove this fact. 4. In her statements recorded under Section 180 B.N.S.S. and 183 B.N.S.S., the informant stated that she is aged 20 years, she loves the applicant for the past four years and he has been making physical relations with her under allurement of marrying her. She got pregnant on three occasions and the applicant got miscarriage by administering some medicine. 5. The medico-legal examination report of the informant does not make a mention of mark of any injury or sign of use of force and there is no medical evidence of miscarriage. The radiological examination report of the informant has revealed her age to be 22 years. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case. 7. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been filed on 05.03.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant herself admits to have got married in the year 2021 and there is no averment that her earlier marriage stands dissolved; that the informant alleges that the applicant is raping her for the past four years under allurement of marrying her, whereas the applicant is presently aged 23 years and he became eligible to marry only for the past two years; that the informant is presently aged 22 years and since inception of the relationship, she was major and that no person can marry a married woman coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 24.03.2025, whereas the investigation already stands concluded, I am of the view that a case for enlargement of the applicant on bail in the aforesaid crime is made out. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sitaram 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 :- 18.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench