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2025 DAILYLAW 136030 (ALL)

GOLIRAM v. STATE OF U.P.THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND 3 OTHERS

BAIL/3446/2025 · 2025-04-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23369 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3446 of 2025 Applicant :- Goliram Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Dheeraj Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dheeraj Awasthi, learned counsel for the applicant, Sri Diwakar Singh, 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.052 of 2025, under Sections 64(1) and 351(3) B.N.S. and Section 3, 4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.02.2025 at 22:43 hours, stating that while the informant's daughter aged 16 years was going to the field to deliver food to the informant at about 2 p.m. on 14.02.2025, the applicant made her sit on his motorcycle under pretext of dropping her at the field, but instead of taking to the field, he took her to a secluded place and after threatening to kill her, he raped her. The informant's daughter somehow reached the field and told him about the incident and thereafter he came to the police station to lodge the FIR. 4. In the statement of the informant recorded under Section 180 B.N.S.S., he stated that after the incident his daughter somehow reached home and told her mother about the incident. When he reached back home, his wife told him about the incident. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the statement of her father. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she was not feeling well, the applicant had offered to drop her at the field and she sat on the applicant's motorcycle. When he took the motorcycle towards some other direction, she shouted and tried to jump of the motorcycle. When she did not reach till late, her father had made phone calls but the applicant did not pick up the call and he took her to the sugarcane field and raped her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he is languishing in jail since 15.02.2025. 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 filed on 05.04.2024. He has produced a copy of the medico- legal examination report of the victim which mentions no mark of injury or sign of rape on any part of her body. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that that the FIR mentions that after the incident the victim reached the field and told about the incident to her father (informant) but in her statements her version is that after the incident she reached home and told about the incident to her mother; although it is alleged that the applicant raped the victim in a sugarcane field but she has not suffered any injury on any part of her body; the applicant is a young man aged 23 years having no criminal history, he is languishing in jail since 15.02.2025, whereas the investigation already stands concluded, I am of the view that it is a fit case for grant of bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Goliram 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