AJMAL ALI v. STATE OF U.P. THRU. PRIN.SECY. HOME DEPTT. LKO
BAIL/3698/2025 · 2025-05-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137735 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137735 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25047 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3698 of 2025 Applicant :- Ajmal Ali Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. Lko Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dinesh Kumar Sharma, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, 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. 329 of 2025, under Sections 69, 89 B.N.S., registered at Police Station Kotwali Nagar, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.04.2025 stating that the applicant kept on raping the informant for the past four years under the allurement that he would marry her. The applicant had forcibly aborted the pregnancy of the informant on one occasion and the informant was again pregnant for the past three months. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 35 years. She has been talking to the applicant for the past four years and the applicant had brought her to Barabanki under the allurement of marrying her but when he did not marry her she went back to her matrimonial home after about one month. The applicant again called her under the allurement of marrying her, made physical
relations with her and left her. She stated that she has pregnancy about two and half months. 5. The medico legal examination report of the victim mentions pregnancy of six weeks and four days. 6. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version but she also stated that she has four children, she did not stated anything about the status of her earlier marriage. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation is still going on. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim/informant is a 35 years old woman having four children, whereas the applicant is a young man aged 22 years; that although the informant has stated that the applicant repetitively made physical relations under the allurement of marrying her, she has not stated anything about the status of her earlier marriage; that the applicant is a young man having no previous criminal history and he is languishing in jail since 03.04.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Ajmal Ali 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 :- 1.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench