SURESH v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY HOME LKO. AND 3 OTHERS
BAIL/11155/2024 · 2025-05-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165545 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165545 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25194 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11155 of 2024 Applicant :- Suresh Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy Home Lko. And 3 Others Counsel for Applicant :- Umesh Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Umesh Singh, learned counsel for the applicant, Shri Alok Kumar Tiwari, learned A.G.A. 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.199 of 2024 under Sections 64, 351(2) of B.N.S., Section 3/4 of P.O.C.S.O. Act & 3(1)Da Dha, 3(2) 5 of S.C./S.T. Act registered at Police Station- Ibrahimpur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.08.2024 alleging that the applicant had raped the informant's daughter aged 18 years, video-graphed the incident and forcibly put vermilion on her head. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 19 years, she knows the applicant for the past two years, she loves him and wanted to marry him. On one occasion, the applicant put vermilion on her head and made physical relations with her. Thereafter, family members of the applicant got engaged him with some other girl. The victim declined to undergo internal as well as external medico-legal examination. The radio-logical examination report reveals her aged to be between 18-19 years. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she categorically
stated that physical relations between her and the applicant were made by mutual consent. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case. 7. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statements of the informant and the victim recorded by the trial Court where both of them have been declared hostile. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid consistent statements of the victim, 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- Suresh 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. . [Subhash Vidyarthi, J.] Order Date :- 1.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench