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2025 DAILYLAW 167616 (ALL)

RAMESH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9381/2025 · 2025-10-07

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9381 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.245 of 2025 under sections 64(1), 74, 115(2), 351(3) of BNS, P.S. Kotwali Bikapur, District Ayodhya. 3. The FIR in question was lodged alleging that the informant was living close to the residence of the applicant, who was running a milk diary and on 19.07.2025 at about 11:30, the applicant started misbehaving inappropriately with her after entering into home. It was also stated that other two accused, misbehaved and beat her and also snatched her chain etc. which is resulted in substantial injuries. In the statement under section 180 BNSS, a similar version was reiterated, however, in the statement under section 183 BNSS, it was for the first time alleged that around two months ago, forceful sexual relations were also formed with the informant and based upon the said statement, the applicant is in custody. 4. The contention of the counsel for the applicant is that the victim is aged about 35 years of age and no such allegations were levelled when the FIR was lodged or in the statement under section 180 BNSS, subsequently as an afterthought, the statement was changed. It is further argued that there are no material apart from the statement made by the victim. The applicant is aged about 35 years and both the applicant and the victim are married. Versus Counsel for Applicant(s) : Santosh Kumar Singh Counsel for Opposite Party(s) : G.A. Ramesh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 5. Considering the material against the applicant to be a weak piece of evidence without there being any corroboration by the medical or otherwise coupled with the fact that the applicant has no criminal history and is in custody since 20.08.2025, he is entitled for the bail. Thus the bail application is allowed. 6. Let the applicant Ramesh Yadav be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 7, 2025 VNP/- BAIL No. 9381 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench