RAVI SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/4243/2025 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140348 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140348 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28919 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4243 of 2025 Applicant :- Ravi Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ashok Kumar Singh,Ashish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Ashok Kumar Singh, the learned counsel for the applicant, Shri Ravi Srivastava, the learned A.G.A. 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.172 of 2025 under Sections 74, 76, 115(2), 324(4), 351(2), 64(1) of B.N.S. registered at Police Station- Chinhat, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.04.2025 stating that the applicant drives a battery rickshaw, the informant was fond of smoking and eating non-vegetarian dishes without knowledge of her family members and, therefore, whenever she used to visit Lucknow, she used to take help of the applicant. The informant further stated that she is aged 40 years whereas the applicant is aged 22 years . On 05.03.2025, the informant herself had called the applicant by making a phone call, she went with him, had cigarette, the applicant purchased a beer and liquor for her, took her to a secluded place and tried to rape her. Thereafter, the informant took another battery rickshaw and came back home. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she alleged that the applicant had attempted to rape her but he could not succeed. 5. The victim declined to undergo medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S. also, she reiterated the FIR version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has opposed the bail application and he has submitted that the investigation of the case is still pending. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the FIR version, the victim herself is the informant, she is a lady aged 40 years, the incident took place on 05.03.2024 but the FIR was lodged on 14.04.2025; although the victim had supported the FIR allegations in her statements recorded under Sections 180 and 183 B.N.S.S., she has declined to undergo medico-legal examination and besides the statement of the victim, there is no other material that has come to light which may support the FIR version; that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 17.04.2025, 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 be released on bail in the aforementioned 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/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 16.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench