HIMANSHU PATHAK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/3301/2025 · 2025-04-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134685 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134685 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22280 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3301 of 2025 Applicant :- Himanshu Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Praveen Tripathi,Sudha Pal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Praveen Tripathi, 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.026 of 2025, under Sections 74, 115(2), 107 and 351(2) B.N.S., registered at Police Station Kaudiya, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.02.2025 against the applicant and his family members, stating that the applicant used to tease the informant's daughter while going and coming from school since 2022. The applicant had physically exploited her and videographed the incident and thereafter he was blackmailing her by threatening to post the obscene video on social medial sides. When the informant's daughter and other family members went to the applicant's house to complain about it, they had beaten the informant's daughter. Due to this insult, she committed suicide by hanging. 4. Prior to it, on 12.02.2025 the informant had herself given an application to the police stating that her daughter aged 16 years had committed suicide by hanging inside the house. 5. The inquest proceedings were conducted in presence of the informant and her family members and all the witnesses present during proceedings simply stated that the deceased had died due to hanging. 6. The postmortem examination report mentions a ligature mark all around neck with a gap of 4 cm and abrasions over back of right arm, lateral aspect of left arm, lateral aspect of left leg and medial aspect of right heel. 7. No obscene video could be recovered or produced during investigation. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young boy aged 18 years, having no criminal history and he has been falsely implicated in the present case. 9. The learned Additional Government Advocate has opposed the bail application and submitted that the investigation of the present case is still pending. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant had herself given first information on 12.02.2025 and she had not levelled any allegation against any person in that information; the FIR has been lodged two days after the incident, implicating the applicant and his family members; the applicant is a young boy having no criminal history and he is languishing in jail since 21.02.2025, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Himanshu Pathak 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 :- 21.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench