AMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/11711/2024 · 2025-03-07
Subhash Vidyarthi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 168048 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168048 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14176 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11711 of 2024 Applicant :- Aman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shambhunath Mishra,Umesh Chandra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Shambhunath Mishra, learned counsel for the applicant and Shri Abhishek Kumar Singh, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 187/2024, under Sections 64(1), 127(2), 115(2), 352, 351(3) B.N.S. and 4(2) POCSO Act, Police Station Jaitpur, District Ambedkar Nagar. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 05.09.2024 against the applicant and one Dinesh, stating that both the accused persons had forcibly taken the informant's daughter aged about 12 years inside the house of Dinesh where the applicant raped her. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she went looking after her daughter and found her crying inside the room of Dinesh and upon asking, her daughter told her that the applicant had raped her. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant had committed the misdeed against her inside Dinesh's room. Thereafter she went to her mother and told her about the incident. 6. In the medico legal examination report of the victim no mark of injury or sign of use of force was found on any part of the victim's body. The pathological examination report of vaginal smear of the victim mentions absence of spermatozoa. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is aged 19 years having no criminal history and he is languishing in jail since 08.09.2024. A charge sheet has already been submitted on 23.09.2024. 8. It has been stated that the co-accused Dinesh has been granted bail by means of an order dated 17.12.2024 passed by Co-ordinate Bench of tis Court in Criminal Misc. Bail Application No. 11525 of 2024. 9. Keeping in view the aforesaid facts, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11.
Let the applicant-Aman 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 :- 7.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench