SUDHAKAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND ANOTHER
BAIL/3861/2025 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138582 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138582 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26184 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3861 of 2025 Applicant :- Sudhakar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shiv Pal Singh, learned counsel for the applicant and Sri Arvind Kumar Pandey, 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.066 of 2025, under Sections 87 and 70(1) B.N.S., registered at Police Station Ishanagar, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.02.2025 against the applicant (Sudhakar Singh) and two unnamed persons, stating that when the informant's sister aged 17 years was standing near the door at about 8 p.m. on 19.02.2025, the accused persons tried to make her sit in a car and to take her away for the purpose of marrying her. When she raised a hue & cry, the other family members came there running and raised a hue & cry, whereupon the accused persons went away while leaving the informant's sister. 4. In the statement of the informant recorded under Section 180 B.N.S.S., he reiterated the FIR version. A similar statement was given by the victim's mother, who categorically stated that upon hearing the cry, she, her son and daughter-in-law went running outside the house whereupon the accused persons left the victim
and went away. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant had forcibly made her sit in a car another person also sat in the car, they took the car near a dilapidated building where both of them raped her inside the car and thereafter they dropped her back outside the village. A similar statement was given by the victim under Section 183 B.N.S.S. wherein she named the other person involved in commission of the offence as Abdulla. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7.
Co-accused/Abdulla has already been enlarged on bail by this Court by means of an order dated 18.04.2025 passed in Criminal Misc. Bail Application No.3228 of 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 submitted on 21.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR, statement of the informant as well as statement of mother of the victim state that the accused persons had left the victim outside the home and they had not taken her away; in the statement of the victim recorded under Section 180 B.N.S.S., she alleged commission of rape by the applicant and Abdulla; in the statement recorded under Section 180 B.N.S.S., the victim stated that both the persons had raped her in a car, whereas in the statement
recorded under Section 183 B.N.S.S., she stated that both the accused persons had dragged her towards a dilapidated building and had raped her; the medico-legal examination report does not make a mention of any mark of injury or sign of use of force; the applicant has no criminal history and he is languishing in jail since 22.02.2025, whereas the investigation already stands concluded and co-accused/Abdulla has already been enlarged on bail , I am of the view that a case for enlargement of the applicant on bail in the aforesaid crime is made out. 10. Accordingly, this bail application stands allowed. 11.
Let the applicant- Sudhakar Singh 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 :- 6.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench