DEEPAK @ PAPPU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/3427/2025 · 2025-04-23
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135910 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135910 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22974 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3427 of 2025 Applicant :- Deepak @ Pappu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Narvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Narvind 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. 332 of 2024, under Section 64(1) BNS, registered at Police Station Harpalpur, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.11.2024 stating that the informant's wife aged about 39 years had gone from his house to get some medicines at about 10.00 a.m. on 23.10.2024 but she did not come back. He stated that his wife used to talk to the applicant through mobile phone and he would have enticed the informant's wife. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 25 years, she has two sons and a daughter, she used to talk to the applicant for the past one year and she had gone with him out of her own freewill. However, she stated that when she asked the applicant to drop her back he did not accede to her request and he forcibly made physical relation with her. The medico legal
examination report of the victim mentions no mark of injury or sign of use of force. 5. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version. 6. In the affidavit filed in support of 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 appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
27.12.2024. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is a married of mature age having three children and she has unequivocally stated that she was in a relationship with the applicant and she has gone with him out of her own freewill and that the allegation of forcibly making physical relations is not supported by any other material; that the applicant has no previous criminal history and he is languishing in jail since 03.12.2024 and the investigation already stands concluded 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Deepak @ Pappu 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