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2025 DAILYLAW 143396 (ALL)

FURKAN ANSARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/4919/2025 · 2025-05-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33611 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4919 of 2025 Applicant :- Furkan Ansari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kumar,Satyawan Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dinesh Kumar, the learned counsel for the applicant, Sri 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. 08 of 2025, under Sections 127(2), 70(1), 308(2), 351(3) B.N.S., registered at Police Station P.G.I., District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.01.2025 against the applicant, Mahesh Kumar Verma and Shivam stating that Mahesh is related to the informant. The informant lives at Ludhiana. Mahesh had visited her home at Ludhiana on 03.10.2024 and he offered some sweet to the informant and after consuming it the informant fell unconscious. Mahesh took her nude photos and raped her. He blackmailed the informant and compelled her to give various articles of jewelry and Rs.6000/- in cash. Mahesh repetitively compelled the informant to get disrobed on video call under the threat of spreading her photos virally. On 10.12.2024 Mahesh called the informant to Lucknow for returning her jewelry and money and when she reached Lucknow Mahesh got her bondage for three days and he and the applicant raped her repetitively and thereafter Mahesh took her to Gonda and there also he raped the informant. Mahesh claims to have married the informant in Arya Samaj Mandir, Lucknow and two months after that they entered into an agreement on 12.10.2024, wherein this fact was evidenced. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned counsel for the applicant has submitted that co- accused Mahesh Kumar Verma has already been granted bail by means of an order dated 25.03.2025 passed by this Court in Criminal Misc. Bail Application No. 2531 of 2025. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that investigation already stands concluded and a charge sheet has been submitted on 22.02.2025 for the offences under Sections 27(2), 70(1), 308(2), 351(3) B.N.S. and the offence under Information Technology Act could not be established during investigation. It has further been submitted that the informant had declined to undergo medico legal examination. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that allegation of preparation of obscene photo and video could not be established during investigation; that the informant had declined to undergo medico legal examination; that co-accused claims to be the husband of the informant, which fact has not been disclosed by the informant in the F.I.R., and that co-accused has already been granted bail; that the applicant has no previous criminal history and he is languishing in jail since05.05.2025 and without making any observation, which may affect the merits of the case, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Furkan Ansari 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 :- 30.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench