OM PRAKASH LODHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/8661/2025 · 2025-09-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163921 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163921 (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. - 8661 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Sanjay Bajpai, learned counsel for the applicant and Sri Mayank Sinha, learned AGA for the State. 2. This is the third bail application seeking release of the applicant in Case Crime No. 29 of 2021, under Sections 376, 313, 314, 323, 504, 506, 34 of IPC and Section 3(2)(5) of the SC/ST Act and Section 5/6 of the POCSO Act, Police Station Dahee District Unnao. 3. The second bail application no. 13647 of 2023 was rejected by means of order dated 29.05.2024 after taking into consideration the statements of four witnesses which were recorded by the trial Court as well as the fact that some co-accused persons have been granted bail. 4. The third bail application has been filed on the ground that after rejection of the second bail application, the Addl. Police Commissioner has been examined as P.W. 6 and he has stated that he could not collect any evidence regarding involvement of the applicant in commission of the offence. 5. I have gone through the statement of P.W. 6 annexued with the bail application and he has stated that he had corrected the admission register of the hospital, wherein, whitener was applied on an entry and thereafter the name Pooja was recorded. The name of the deceased could not be found in the admission register, but her name was mentioned in another Versus Counsel for Applicant(s) : Shohit Singh Counsel for Opposite Party(s) : G.A. Om Prakash Lodhi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
register (regarding deposit of fees). The copies of the statement of P.W. 7, the Doctor who had conducted the post mortem examination has also been annexed, wherein, Doctor had stated that the victim was pregnant, the fetus was found in the cavity of uterus in pieces. The walls of uterus were severely infected. 6.
Having gone through the statement of the Additional Police Commissioner and the Doctor, I am of the view that these statements do not make out a case for enlargement of the applicant on bail when the allegation against the applicant is of having impregnating the minor girl aged 15 years by committing rape on her and thereafter cause her death by getting her abortion conducted in a negligent manner. 7. Accordingly, the third bail application is also rejected. September 15, 2025 Anurag BAIL No. 8661 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench