Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 135527 (ALL)

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

BAIL/3395/2025 · 2025-04-22

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:22760 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3395 of 2025 Applicant :- Rohit Lodh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 3 Others Counsel for Applicant :- Ram Naresh Singh Chauhan,Bhoopendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ram Naresh Singh Chauhan, learned counsel for the applicant, Shri Satendra Srivastava, learned A.G.A. 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.88 of 2025 under Sections 65(1), 333, 115(2), 352, 351(3) of B.N.S. & Section 4(2) of P.O.C.S.O. Act registered at Police Station- Kotwali, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.02.2025 against the applicant, his sister and mother, stating that while the informant's 14 years old daughter was alone in the house, the applicant entered at about 01:00 PM on 17.01.2025 and raped her. The informant returned home in the evening when her daughter told her about the incident. When the informant went to the police station for lodging of the FIR, the police did not lodge the FIR but it challaned the applicant for disruption of peace. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the F.I.R. version. She further stated that she had cried at the time of the incident but no one had come to save her. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated the FIR version and she stated that there is a mark of injury on her face which she had suffered while she was trying to save herself, however, this injury is not mentioned in the medico-legal examination report of the victim. 7. In the affidavit filed in support of the 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. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that information of the present application has been delivered to the informant. He has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 08.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of rape is not supported by the findings of medico-legal examination report or any material other than the statement of the victim and the informant and that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 13.02.2025 whereas the investigation 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 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 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench