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2025 DAILYLAW 135949 (ALL)

SALEEM v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO.

BAIL/3440/2025 · 2025-04-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23345 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3440 of 2025 Applicant :- Saleem Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Brijesh Kumar Pandey,Atul Kumar Singh,Saumya Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Brijesh Kumar Pandey, 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.0483 of 2024, under Sections 64(1), 74, 352, 351(3) and 331(4) B.N.S., registered at Police Station Nanpara, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.10.2024 alleging that the informant's husband resides at Puna for earning his livelihood; while the informant was sleeping inside her house in the night on 29/30.09.2024, the applicant entered her house at about 12 in the night through her adjacent rooftop and started molesting her; when the informant objected, the applicant abused and threatened her that he will virally spread the informant's obscene photographs. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated her earlier version and she further stated that the applicant used to visit her home since before, and he has an old simple photo of face-book. 5. The medico-legal examination report of the informant does not contain anything significant. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged that after entering her house through the rooftop, the applicant raped her after threatening her with a country made pistol. She did not state anything about the threat of spreading her obscene photo and video virally. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, and he has been falsely implicated in the present case. In para-22 of the affidavit, involvement of the applicant in another case under Sections 323, 325 and 504 IPC has been disclosed in which he has been granted bail. 8. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 25.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view major discrepancies in the statements of the victim coupled with the fact that the applicant is a young person having no criminal history and he is languishing in jail since 20.03.2025, whereas the investigation already stands concluded, I find it to be a fit case for grant of bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Saleem 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 :- 24.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench