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2025 DAILYLAW 139770 (ALL)

COMPLAINANT / VICTIM OF CASE CRIME NO.283/2023 THRU. HER MATERNAL UNCLE v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

BAILC/58/2025 · 2025-05-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28503 Court No. - 15 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 58 of 2025 Applicant :- Complainant / Victim Of Case Crime No.283/2023 Thru. Her Maternal Uncle Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Shiv Poojan Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shiv Poojan Verma, learned counsel for the applicant, Shri Pranesh Kumar Sinha, learned A.G.A. for the State and perused the records. 2. The is an application seeking cancellation of the order 05.02.2024 passed by the Special Judge (P.O.C.S.O. Act) Aditional Sessions Judge, Lucknow granting bail to the opposite party Nos.4 & 5 in Case Crime No.283 of 2023 under Sections 452, 354,, 354-B, 376, 323, 506, 392 I.P.C. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Nagram, District- Lucknow. 3. The cancellation of the aforesaid order has been sought on the ground that the opposite party Nos.4 & 5 are pressurizing the witnesses and in this regard, an F.I.R. No.57 of 2025 has been lodged on 09.03.2025 against six persons, including the opposite party Nos.4 & 5 on the basis of an application under Section 173(4) of B.N.S.S. stating that all of them threatened the informant's mother on 25.01.2025 while she was sitting in front of her house. 4. It has also been stated that the informant has given an application dated 21.03.2025 to the trial Court seeking police protection for recording cross-examination of the eye-witness, which request has been allowed by means of an order passed on the same date. 5. It is recorded in the order dated 05.02.2024 that the victim resiled from the allegation that a finger had been put in her vagina in her statement recorded under Section 164 Cr.P.C. and she stated that the applicants have been implicated merely due to anger against them. A prior animosity has also come to light. 6. From the aforesaid facts, it appears that there an an old animosity against the applicant due to which the F.I.R. was lodged. The victim has not supported the allegations in her statement under section 164 Cr.P.C. So far as the question of threat to the witnesses is concerned, the trial Court has already passed a suitable order in this regard. Although, the learned counsel for the applicant has alleged that the accused persons are causing delay in disposal of the trial, a copy of the order- sheet of the trial Court has not been annexed to substantiate this submission. 7. In view of these facts and circumstances of the case, there appears no good ground to cancel the order dated 05.02.2024 granting bail to the opposite party Nos.4 and 5 in the aforesaid case. 8. Accordingly, the application for cancellation of bail order dated 05.02.2024 is hereby rejected. . [Subhash Vidyarthi, J.] Order Date :- 15.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench