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2025 DAILYLAW 161193 (ALL)

SYED MOHD. AMINUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/10263/2024 · 2025-05-05

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25896 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10263 of 2024 Applicant :- Syed Mohd. Aminuddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Qazi Sabihur Rahman Counsel for Opposite Party :- G.A.,Saksham Mishra Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Qazi Sabihur Rahman, learned counsel for the applicant as well as Sri Anurag Verma, learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 25 of 2024, under Sections 323, 376-DB, 506 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, registered at Police Station Aminabad, District Lucknow 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 13.03.2024 against six persons including the applicant, stating that the victim somehow got his number and told him that the accused persons had brought her from orphanage when she was six years of age and since then all of them have been sexually abusing her. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 55 years old person having no criminal history and he has been falsely implicated in the present case. 5. A copy of the statement of the victim recorded by the trial court has been annexed with the bail application and she has been declared to be hostile. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not lodged the F.I.R and she has not supported the F.I.R allegations; in her statement recorded by the trial court where she has been declared to be hostile; that the applicant has no criminal history and he is languishing in jail since 23.05.2024; statement of the victim already having been recorded by the trial court; in case of his release on bail, the applicant will not be in a position to influence the victim, without making any observations 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Syed Mohd. Aminuddin 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 the 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. (Subhash Vidyarthi,J.) Order Date :- 5.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench