ABDULLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
BAIL/3228/2025 · 2025-04-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134745 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134745 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21998 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3228 of 2025 Applicant :- Abdulla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ram Kripal Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ram Kripal Mishra, learned counsel for the applicant, Sri Arvind Kumar Pandey, 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.066 of 2025, under Sections 87 and 70(1) B.N.S., registered at Police Station Ishanagar, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.02.2025 against one Sudhakar Singh and two unnamed persons, stating that when the informant's sister aged 17 years was standing near the door at about 8 p.m. on 19.02.2025, the accused persons tried to make her sit in a car and to take her away for the purpose of marrying her. When she raised hue & cry, other family members came there running and raised hue & cry whereupon the accused persons went away while leaving the informant's sister. 4. In the statement of the informant recorded under Section 180 B.N.S.S., he reiterated the FIR version. A similar statement was given by the victim's mother, who categorically stated that upon hearing the cry, she, her son and daughter-in-law went running outside the house whereupon the accused persons left the victim
and went away. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the accused persons had forcibly made her sit in a car, took the car near a dilapidated building where both of them had raped her inside the car and thereafter they dropped her back outside the village. A similar statement was given by the victim under Section 183 B.N.S.S. wherein she named the other person involved in commission of the offence as Abdulla (the applicant). 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 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 submitted on 21.03.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR, statement of the informant as well as statement of mother of the victim state that the accused persons had left the victim outside the home and they had not taken her away; in the statement of the victim recorded under Section 180 B.N.S.S., she alleged commission of rape by the named persons and another unnamed person; in the statement recorded under Section 180 B.N.S.S., the victim stated that both the persons had raped her in a car, whereas in the statement recorded under Section 183 B.N.S.S., she stated that both the accused persons had dragged her towards a dilapidated building and had raped her; the medico-legal examination report does not make a mention of any mark of injury or sign of use of force; the applicant has no criminal
history and he is languishing in jail since 22.02.2025, 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- Abdulla 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