RAHUL KUMAR @ RAHUL KUMAR AGRWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/385/2025 · 2025-05-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137502 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137502 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25062 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 385 of 2025 Applicant :- Rahul Kumar @ Rahul Kumar Agrwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramakar Shukla,Subodh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ramakar Shukla, the learned counsel for the applicant as well as Sri Alok Kumar Tiwari, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.125 of 2025, under Section 69 BNS, registered at Police Station Gola, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.03.2025 stating that the applicant had developed loving relations with the informant's daughter aged 23 years and he used to talk to her under the allurement of marrying her. The applicant came to the informant's house at 10.00 p.m. on 04.03.2025 and raped her daughter and went away. When the condition of the informant's daughter deteriorated she told about the incident to her father, whereupon she was taken to Community Health Centre. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is a young man aged 29 years, he innocent, he has no criminal history and
he has falsely been implicated in the present case. 5. The learned counsel for the applicant has submitted that the applicant had made physical relation with consent of the victim. 6. A perusal of the statement of the victim recorded under Section 180 BNSS shows that she came into contact with the applicant through facebook about five years ago. The applicant came to the informant's house on 04.03.2025, promised to marry her in the month of April and forcibly made physical relations with her. The victim started bleeding profusely. She had to remain admitted to District Women Hospital, Lakhimpur. 7. The medico legal examination report of the victim categorically mentions that there were signs of recent forceful penetration of vagina. 8.
In the statement of the victim recorded under Section 183 BNSS she stated that the applicant had forcibly made physical relation with her and when she started bleeding the applicant ran away. When the victim's brother talked to the applicant's brother he told that the applicant had already got married in the month of January. 9. Numerous documents have been annexed with the bail application showing that the victim used to communicate with the applicant through whatsapp and the learned counsel for the applicant has submitted that whatsapp communications indicate the affectionate relations between the victim and the applicant and he has submitted that the physical relations were made consensually. However, in response to a question put by the court, the learned counsel for the applicant has admitted that although the applicant was in a relationship with the victim for the past considerable period of time, he has married some other
girl in January, 2025 yet the applicant made physical relation with the victim in the month of March, 2025 and the doctor has opined that there were sings of forcible penetration of vagina. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the conduct of the applicant, this court is of the considered view that the applicant is not entitled to grant pre-arrest bail by this court. 11. The anticipatory bail application is accordingly rejected. . (Subhash Vidyarthi, J.) Order Date :- 1.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench