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2025 DAILYLAW 154372 (ALL)

AWADHESH v. THE STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO

BAIL/8929/2024 · 2025-04-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21458 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8929 of 2024 Applicant :- Awadhesh Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Vikas Shukla,Amit Bhardwaj,Archana Rawat,Rahul Kumar Kaushal,Sudhaker Prakash Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Archana Rawat, the learned counsel for the applicant, Sri J.S. Tomar, the learned AGA-I and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 066/24, under sections 376 IPC, Police Station Mahingwa, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.06.2024 at 00:16 hours stating that the applicant raped the informant's cousin aged 19 years when she had gone to attend the call of nature to a field at about 10:00 p.m. on 05.06.2024 due to which she was bleeding profusely. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that the applicant lives in her neighborhood and when she had gone to a filed to attend the call of nature at about 10:00 p.m. on 05.06.2024, the applicant raped her. She cried but it was a secluded place and, therefore, no one came to help her. She stated that she was bleeding profusely. 5. Before the doctor who conducted her medico legal examination, the victim stated that the applicant had raped her. The medico legal examination report mentions a laceration present at 5'O' clock position fourth about 1x1 cm. 6. In the Statement of the victim recorded under Section 164 Cr.P.C. also, she stated that the applicant had raped her due to which she had suffered profuse bleeding. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant a young man aged about 20 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit opposing the bail application and copies of statements of the informant and the victim, a copy of the medico legal examination report and a copy of the doctor's statement as well as a copy of the charge sheet has been annexed with the counter affidavit. The doctor has stated that the victim was bleeding because of an injury in posterior fourchette or because of penetration by some object. 9. A supplementary affidavit has been filed by the State annexing therewith a copy of the FSL report, as per which, a male specific allele was found present in the vaginal swab of the victim as well as on the salwar worn by her. 10. Without making any observation which may affect the outcome of the trial, this Court is of considered view that the aforesaid facts do not warrant exercise of discretion of this Court by granting bail to the applicant, the bail application is accordingly rejected. . [Subhash Vidyarthi, J.] Order Date :- 16.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench