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2025 DAILYLAW 135543 (ALL)

VISHWA DEEPAK @ BABLOO PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3421/2025 · 2025-04-23

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22969 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3421 of 2025 Applicant :- Vishwa Deepak @ Babloo Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ramakar Shukla, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned A.G.A.-I 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. 235 of 2024, under Sections 376D, 376(2)N, 506 I.P.C., registered at Police Station Sangramgarh, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.10.2024 against the applicant and one Ankush Pandey stating that both the accused persons raped her about two years ago. They prepared obscene video of the incident and on the strength thereof they got four marriage proposals of informant failed and Ankush Pandey keeps on making physical relations with the informant on the strength of obscene video. 4. In the statement of the informant recorded under Section 161 Cr.P.C. she reiterated the F.I.R. version. 5. In the statement of the informant recorded under Section 164 Cr.P.C. she also made a mention of some obscene photographs besides the video. However, no such photo or video came to light during investigation. 6. The medico legal examination report of the informant did not reveal anything which may support the F.I.R. allegations. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a 35 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the co-accused Ankush Pandey has already been enlarged on bail by this court by means of an order dated 25.03.2025, passed in Criminal Misc. Bail Application No.2530 of 2025. 8. The learned A.G.A. has opposed the prayer for bail and on the basis of instructi8ons he has submitted that the allegations levelled against the applicant have been found to be established during investigation and a charge sheet has been submitted on 29.11.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides statement of the informant there is no material which may support the allegations levelled in the F.I.R. and the allegation of preparation of obscene photo and video also could not be established during investigation; that the applicant has no previous criminal history and he is languishing in jail since 24.12.2024 whereas a co-accused has been enlarged on bail by this court and without making any observation, which may affect the merits of the case, 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-Vishwa Deepak @ Babloo Pandey 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 :- 23.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench