MOHD. RAHMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/4953/2025 · 2025-05-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143434 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143434 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33958
Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4953 of 2025 Applicant :- Mohd. Rahman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. A supplementary affidavit has been filed on behalf of the applicant, which is taken on record. 2. Heard Sri Santosh Kumar Srivastava, the learned counsel for the applicant as well as Sri Alok Kumar Tiwari, the learned A.G.A. for the State and perused the record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.15 of 2025, under Sections 70(1), 351(2), 351(3) B.N.S, registered at Police Station Jahangirganj, District Ambedkar Nagar. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 23.01.2025 against three persons, including the applicant, stating that the informant's daughter had gone to attend the call of nature towards the fields at about 4 PM on 22.01.2025, the accused persons took her towards a jungle and raped her. She told about the incident to her father after returning home at about 8 AM. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 22 years and the applicant had raped her on 21.02.2025. 6. The victim declined to undergo medico legal examination. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant and co-accused Badre
Alam had raped her. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years and he has been falsely implicated in the present case. 9. The applicant's involvement in another criminal case has been disclosed in para-3 of the supplementary affidavit. 10. Co-accused Badre Alam @ Badku has been granted bail by means of an order dated 26.05.2025 passed by this Court in Crl. Misc. Bail Application No.4605 of 2025. 11. The learned A.G.A has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on
19.03.2025. 12.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the F.I.R lodged on 23.01.2025, the informant had stated that the incident took place on 22.01.2025 whereas the victim stated in her statement recorded under Section 180 B.N.S., that the incident took place on 21.01.2025; the victim declined to under-go medico legal examination and besides her statement there is no material to support he allegation and that the applicant is a young man having no criminal history and he is languishing in jail since 25.01.2025 whereas the investigation already stands concluded and a co-accused Badre Alam has already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Mohd. Rahman 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 :- 30.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench