KULDEEP v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/7602/2025 · 2025-09-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157642 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157642 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7602 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Vyas Narayan Shukla, learned counsel for the applicant, Sri Abhay Kumar Singh, learned Additional Government Advocate for the State and perused the records. 2. The learned counsel for the applicant has filed a supplementary affidavit and the learned A.G.A. has filed a counter affidavit. Both the affidavits are taken on record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0208 of 2025, under Sections 352, 351(3) B.N.S. and Section 3/4(2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bachhrawan, District Raebareli. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.05.2025 alleging that the applicant had sodomised the informant's son aged about 13 years in a latrine constructed upon his plot of land. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force on any part of his body. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Kuldeep .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
7. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of charge sheet dated 30.07.2025. 8. Learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has also submitted that the information of the present application has been sent to the informant through police. 9. It has been stated in the counter affidavit that the samples were sent for forensic examination but the report of Forensic Science Laboratory has not been received till date and yet a charge sheet has been submitted in anticipation of report supporting the prosecution case. The victim has supported the F.I.R. allegation in his statement. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim supported the F.I.R. allegations, they are not supported by the medico legal examination report and the FSL report is not available till date; that the applicant is a young man having no previous criminal history and he is languishing in jail since 22.05.2025 and the investigation already stands concluded 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Kuldeep 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. September 11, 2025 Ram. BAIL No. 7602 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench