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2025 DAILYLAW 167519 (ALL)

DASHRATH v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO AND 3 OTHERS

BAIL/11534/2024 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26352 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11534 of 2024 Applicant :- Dashrath Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And 3 Others Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ramakar Shukla, learned counsel for the applicant, Shri Mohd. Asif Khan, 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.142 of 2024 under Sections 376 of I.P.C. & Section 3/4 of P.O.C.S.O. 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 11.06.2024 alleging that the applicant had raped the informant's 15 years old daughter in the night of 10.06.2024. 4. The victim had supported the F.I.R. version in her statement recorded under Section 161 Cr.P.C. but her medico-legal examination report reveals no mark of injury or sign of use of force. The pathological examination of the victim is not available in the case diary. 5. In the statement of the victim recorded under Section 164 Cr.P.C., she reiterated her earlier version. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 70 years innocent having no criminal history and he has been falsely implicated in the present case. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 29.06.2024. 8. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statements of the victim, the informant and the Doctor recorded by the trial Court. The informant and the victim both have turned hostile. 9. Learned A.G.A.-I has opposed the bail application and he has submitted that information of the present application has been delivered to the informant through police. 10. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Dashrath 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 :- 6.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench