Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 159904 (ALL)

RAJESHWARI v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/7982/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7982 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ashutosh Kumar Tiwari, learned counsel for the applicant, Shri Rakesh Kumar Singh, learned A.G.A.-I 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.130 of 2024, under Section 368 IPC and Section 16/17 of POCSO Act, registered at Police Station Baldirai, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.05.2024 against four persons, not including the applicant, stating that co- accused Anil had enticed away the informant's daughter aged 17 years. 4. In the statement of the informant recorded under Section 161 Cr.P.C., he reiterated the F.I.R. version but in his additional statements, he stated that he suspected that Kamlesh and Rajeshwari (applicant), sisters of Anil had assisted in commission of the said offence. 5. In the statement of victim recorded under Sections 161 & 164 Cr.P.C., she had not levelled any allegation against the applicant. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent woman, she has been falsely implicated in the present case and she has no criminal history. 7. The co-accused Anil @ Abharaj has been granted bail by means of an Versus Counsel for Applicant(s) : Ashutosh Kumar Tiwari, Piyush Mishra Counsel for Opposite Party(s) : G.A. Rajeshwari .....Applicant(s) State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) order dated 11.08.2025 passed by the Co-ordinate Bench of this Court in CRIMINAL MISC. BAIL APPLICATION No. - 7338 of 2025. 8. Learned A.G.A.-I has opposed the bail application and he has submitted that allegations have been established during the investigation and a charge sheet has been submitted on 05.06.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R. or in the initial statement of the informant or in any of the statements of the victim and that applicant has no criminal history coupled with the fact that co- accused has been granted bail and the investigation already stands concluded, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant -Rajeshwari be released on bail in the aforementioned 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. August 26, 2025 S. Shivhare BAIL No. 7982 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench