INDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. LKO.
BAIL/3382/2025 · 2025-04-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135440 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135440 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22811 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3382 of 2025 Applicant :- Indra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pankaj Kumar Shukla, the learned counsel for the applicant, Sri Anshuman Verma, the learned AGA 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. 303 of 2024, under Section 69 BNS, Police Station Chhapia, District Gonda. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.12.2024 alleging that the applicant used to visit the informant's home and he was well acquainted with her husband. The applicant had prepared an obscene video of the informant while she was bathing and on the strength of that video he blackmailed her and coerced her to make physical relations with him on 5-6 occasions. 4. In the statement of the informant recorded under Section 180 BNSS, she reiterated her earlier version. 5. The medico legal examination report did not reveal anything which may support the FIR version. 6. In the statement of the victim recorded under Section 183 BNSS, she reiterated her previous version and she stated that the applicant had made physical relations with her on 3 occasions. 7. In the statement of the informant's husband, he stated that he had some suspicion regarding relations between the applicant and his wife and thereafter he prohibited the applicant's entry in his home. Thereafter the applicant went to Noida but he kept on making phone call to his wife and this was also forbidden by him. Still the applicant used to call her wife repetitively. On one or two occasions, he had caught his wife talking to the applicant and a quarrel had taken place between him and the informant. He stated that because of the applicant's conduct, his marriage with the applicant reached the verge of dissolution. An independent witness has stated that there was a love affair between the informant and the applicant and the FIR has been lodged on false averments. 8.
In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged about 25 years having no criminal history and he has been falsely implicated in the present case. 9. The medico legal examination report of the victim does not have any findings which may support the allegations levelled against the applicant. 10. Learned AGA has opposed the bail application and he has submitted that the allegations have been levelled during investigation and a charge sheet has been submitted against the applicant under Section 69 of BNS. However, allegation of preparation of obscene video could not be established during investigation. 11. Having considered the aforesaid facts and circumstances of the case, coupled with the fact that the applicant is a young man aged about 25 years having no criminal history and he is languishing in jail since 01.02.2025 whereas 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.
12. Accordingly, this bail application stands allowed.
13. Let the applicant- Indra Kumar 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 :- 22.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench