ABU VAKAS v. STATE OF U.P. THRU. PRIN.SECY. HOME LKO.
BAIL/7588/2025 · 2025-08-14
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157629 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47694 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7588 of 2025 Applicant :- Abu Vakas Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko. Counsel for Applicant :- Farooq Ayoob,Km. Pooja Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Farooq Ayoob, learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned Additional Government Advocate 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. 85 of 2025, under Sections 87, 61(2) B.N.S., registered at Police Station Safdarganj, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.02.2025 against three persons, including the applicant stating that the informant's daughter aged about 21 years had gone away from her home but she did not come back and upon making enquiries it transpired that she had been enticed away by the accused persons. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 19 years, she has been enticed away by the co-accused Shabrun wife of Ishtayak who took her to Maharashtra with the assistance of other persons. The informant alleged commission of rape by Kamruddin as well as her father Salauddin but this allegation was not levelled against the applicant. 5. In the statement of the victim recorded under Section 183
BNSS also she did not level any allegation against the applicant. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he innocent, he has been falsely implicated in the present case and he has no criminal history. A co-accused person Salim has already been granted bail by this court by means of an order dated 30.05.2025, passed in Criminal Misc. Bail Application No.4915 of 2025. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled allegation of commission of any misdeed by the applicant; that a co-accused person has already been granted bail by this court; that the applicant has no previous criminal history and he is languishing in jail since 01.07.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Abu Vakas 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 :- 14.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench