RAHUL SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/4235/2025 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140310 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140310 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28906 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4235 of 2025 Applicant :- Rahul Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vinod Kumar,Rajneesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vinod Kumar, the learned counsel for the applicant as well as Sri Abhishek Kumar Singh, the learned State Counsel and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 169 of 2025, under Sections 87, 64(1) B.N.S, registered at Police Station Laharpur, District Sitapur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 28.03.2025, stating that the applicant had enticed away the informant's daughter aged 17 years on 22.03.2025. She came back on 23.03.2025. She was frightened and she did not tell anything. However, on 28.03.2025 she told her mother that the applicant had taken her away. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, the applicant had taken her away on 22.03.2025 but she did not know as to where the applicant had taken her. She alleged that the applicant had committed the misdeed against her. 5. The victim declined to under go medico legal examination. Although the victim was referred to CMO, Sitapur for age determination and pregnancy test, the learned State Counsel has informed that result of the aforesaid tests is not available in the extract of case diary provided to him. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant's sister is her friend and, therefore, she used to visit his place. On 22.03.2025 the applicant had taken her somewhere and had raped her. 7. In the affidavit filed in support of the bail application, it has
been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. The learned State Counsel has opposed the bail application and he has submitted that the allegations have been established during investigation and a copy of the charge-sheet has been submitted on 27.04.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per F.I.R allegations, the victim had gone away on 22.03.2025 and she came back on 23.03.2025 yet she did not say anything till 28.03.2025; even if the F.I.R lodged five days after return of the victim, the allegation of commission of rape is not there; although the victim alleged that the applicant had committed the misdeed against her, she has declined to undergo medico legal examination; that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 07.04.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Rahul Singh be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. (Subhash Vidyarthi,J.) Order Date :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench