LALTA v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/3392/2025 · 2025-04-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135710 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135710 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22737 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3392 of 2025 Applicant :- Lalta Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rupendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rupendra Kumar Singh, learned counsel for the applicant, Sri Ashok 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. 211 of 1994, under Sections 376, 506 I.P.C., registered at Police Station Sandana, District Sitapur.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.10.1994 alleging that the applicant and Rajaram Pasi had raped the informant when she had gone to attend the call of nature at about 2.00 p.m. 0n 06.10.1994.
4. In the affidavit filed in support of bail application it has been stated that the applicant is a 64 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. It has also been stated in the affidavit that no summon/notice of the case was served upon the applicant.
5. It appears that the informant had died after lodging of the F.I.R. and neither her medico legal examination was conducted nor her statement under Section 164 Cr.P.C. was recorded. The trial proceeded against the co-accused person Rajaram in
Session Trial No.676 of 2011 and he has been acquitted by means of a judgment and order dated 18.02.2012 as all the prosecution witnesses have turned hostile.
6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 16.01.2025 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.
8. Accordingly, this bail application stands allowed.
9. Let the applicant-Lalta 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 :- 22.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench