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2025 DAILYLAW 168062 (ALL)

ROHIT KUMAR @ AKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9481/2025 · 2025-10-07

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9481 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, Shri Ayush Pratap Singh, Advocate, holding brief of Shri Shashank Shekhar Singh, learned counsel appearing for the informant as well as learned A.G.A. for the State and perused the material available on record. 2. The applicant seeks enlargement on bail in F.I.R./Case Crime No. 333 of 2025, under Sections 64(2) (f), 351(2) of B.N.S., Police Station Dubagga, District Lucknow. 3. Learned counsel for the applicant submits that the F.I.R. of this case was lodged by the informant on 11.08.2025, alleging that the applicant had committed wrong on her. She further stated that she was related to the applicant, it was also stated that on two to three occasions, physical relations were found against her consent. The statement recorded under Section 180 BNSS reiterated version as narrated in the F.I.R, however, there are variations in the statement recorded under Section 183 BNSS, wherein she has stated that certain medicines were also administered on her. The victim is aged about 22 years and has refused to undergo medical examination, both external and internal. 4. Learned A.G.A. as well as learned counsel appearing for the informant has opposed the bail application. 5. Considering all the facts and circumstances of the case and the refusal of the victim to undergo medical examination, a case for bail is made out particularly when the applicant, who is aged about 20 years, is in custody since 14.08.2025, and has no criminal antecedents, is enlarged on bail. In view thereof, the bail application is allowed. Versus Counsel for Applicant(s) : Anadi Kumar Singh Counsel for Opposite Party(s) : G.A., Devendra Pratap, Shashank Shekhar Singh Rohit Kumar @ Akash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Let the applicant- Rohit Kumar @ Akash be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs. 20,000/- each to the satisfaction of 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 Praveen BAIL No. 9481 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench