LAL SAHAB RAI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/6304/2025 · 2025-07-08
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150085 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150085 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38748 Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6304 of 2025 Applicant :- Lal Sahab Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Farhan Ahmad Khan,Shahid Salam,Shujat Kidwai Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Vakalatnama filed by Shri Manoj Kumar Yadav, Advocate on
behalf
of
the
respondent
no. 2
i.e. informant/complainant, which is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No 159 of 2023 under Sections 363, 376 (D) I.P.C, Section 5/6 POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station- Rehra Bazar, District- Balrampur. 4. The brief facts of the case are that an F.I.R dated 03.06.2023 has been lodged under Section 363 I.P.C against the applicant and one other co-accused person namely Gauri, alleging therein that the daughter of the informant aged about 16 years was enticed away by the applicant and one other person which was seen by the sister-in-law of the informant. 5. Learned counsel for the applicant has submitted that co- accused namely Gauri, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 12231 of 2023 vide order dated 30.01.2024, the copy of which has been enclosed as Annexure No. 7 to the paper book. He further submitted that the applicant has no previous criminal history and he is in jail since 27.05.2025. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused Gauri has already been granted bail by this Court having assigned the same allegation. 7. Learned counsel for the informant/complainant has submitted that his client is though not sure, but he is under belief that there is a criminal history of one case against
the applicant, which has not been disclosed. 8.
On being asked from learned A.G.A regarding the criminal history against the applicant, he has very fairly submitted that as per the instructions received, there is no previous criminal history against the applicant. 9. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused Gauri, ground of parity as well as totality of fact and circumstances, it is found that the applicant is entitled to be released on bail. 10. Let applicant - Lal Sahab Rai be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the 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. Order Date :- 8.7.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench