Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 169149 (ALL)

RAHUL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 3 OTHERS

BAIL/12364/2024 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:27143 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12364 of 2024 Applicant :- Rahul Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 3 Others Counsel for Applicant :- Anand Dubey,Amit Tripathi,Deepak Yadav,Girish Kumar Pandey,Sher Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Girish Kumar Pandey, learned counsel for the applicant, Sri Alok Kumar Tiwari, learned Additional Government Advocate 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.186 of 2024, under Sections 363/366/376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Lalganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.05.2024 against the applicant and his family members, stating that the applicant had enticed away the informant's daughter aged about 17 years at about 12.00 Noon on 22.05.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she is aged about 17 years, she used to talk to the applicant for the past four years and she had herself gone to Pratapgarh from where she went to Patti. The applicant met her there and she started living with him and married him in a temple. 5. The victim and her mother declined victim's external and internal medico legal examination. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she reiterated her earlier version and she stated that the applicant had not enticed her away and he has not committed any misdeed against her. 7. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and a copy of charge sheet dated 06.07.2024. The learned counsel for the State has also submitted that the information of the application has been delivered to the informant through police. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant; that the applicant has no previous criminal history and he is languishing in jail since 28.06.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Rahul Kumar be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 8.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench