LAXMI DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/3617/2025 · 2025-04-29
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137191 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137191 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24383 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3617 of 2025 Applicant :- Laxmi Devi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Arun Kumar Tripathi, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, 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. 0260 of 2022, under Sections 366, 376, 120-B IPC, registered at Police Station Jethwara, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.09.2022 against three persons, including the applicant, stating that the applicant mislead the informant's daughter and made her go with co-accused Ashish Kumar Chauhan on 03.09.2022. The co-accused took the victim to the house of his sister, raped her and prepared marriage agreement under threat and he also prepared obscene video of the victim. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she used to talk to co-accused Ashish for the last three years. Thereafter her marriage was settled with some other person and Ashish started threatening to make her recordings viral. She stated that the applicant, who is her aunt, had called her and asked her to meet Ashish and when she reached there, the applicant was not there and Ashish and his two friends abducted her and Ashish raped her, prepared the video of the incident and threatening her on the strength of video, married her in a temple. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force. The radio-logical examination revealed her age to be 16 years. 6. In the statement of victim recorded under Section 164 Cr.P.C., she stated that she used to talk to co-accused Ashish but
her father had settled her marriage with some other person. Co- accused Ashish had some obscene video of her and the applicant had called her to meet Ashish so as to get her photos and video deleted. When she reached, the applicant was not there and the other accused persons took her away and Ashish raped her and married her. 7.
As per educational certificate, the date of birth of the victim is 17.06.1997 and she is major. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent woman, she has been falsely implicated in the present case and she has no criminal history. 9. Learned A.G.A. has opposed the bail application. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that only allegation levelled against the applicant is that she had made a phone call asking the victim to meet co-accused Ashish and no other allegation has been levelled against her 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Laxmi Devi 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 her appearance is exempted by the learned trial court. Order Date :- 29.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench