VIJAY RAJAK v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO.
BAIL/5815/2025 · 2025-07-02
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148608 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148608 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37275 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5815 of 2025 Applicant :- Vijay Rajak Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.018 of 2025, under Section 87, 137(2) of BNS, Police Station Dariyabad, District Barabanki. In the prosecution story it is alleged that the applicant has enticed away the sister of the complainant aged about 16 years.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim has not supported the prosecution case in her statements recorded under Sections 180 and 183 of the BNSS and has refused to undergo medical examination. As per the ossification test, the victim has been found to be a major. The applicant has no criminal antecedents and is in jail since 11.01.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 11.01.2025; the victim has refused to undergo medical examination; the statements of the victim recorded under Sections 180 and 183 of the BNSS; the ossification test report; coupled with the fact that the applicant has no criminal antecedents; and considering the period of
incarceration undergone by the applicant, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Vijay Rajak be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in
order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 2.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench