GOVIND v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
BAIL/4929/2025 · 2025-05-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142534 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142534 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34068 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4929 of 2025 Applicant :- Govind Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Amit Kumar, the learned counsel for the applicant, Shri Satendra 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.209 of 2025 under Sections 303(2), 127(4), 64(1) of B.N.S. registered at Police Station- Dhaurahara, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.04.2025 against five persons, including the applicant, stating that while the informant was going to the hospital for treatment of his brother taking Rs.16,000/-, the applicant met her on the way, he enticed her away, he took her to his home for five months and repetitively raped her. The informant stated that she has four sons and a minor daughter. The other accused persons who were family members and relative of the informant, also kept evil eye upon her. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she reiterated the FIR version and she further stated that she came back on 10th February. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The radio-logical examination report reveals the age of the victim to be 34 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. The informant's son aged 18 years has supported the FIR version and stated that her mother came back on her own on 10.02.2025 and told that the applicant had kept her bondage for 7-8 months. 8. In the statement of the applicant's sister recorded by the Investigating Officer, she stated that the applicant had brought the
informant about 7-8 months ago and told that he had married the lady. She stayed in her home for about 7-8 months. Some independent witnesses also told that the applicant had told that she had married the informant. 9.
In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and he has been falsely implicated in the present case. 10. Learned AGA has opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 30.04.2025. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is a married lady having four major sons and a minor daughter, she stayed with the applicant for 7-8 months without any protest or any effort to escape coupled with the fact that the applicant is a young man aged 25 years having no criminal history and he is languishing in jail since 18.04.2025 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 in the aforesaid crime. 12. Accordingly, this bail application stands allowed. 13. 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 :- 30.5.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench