SACHIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/12381/2024 · 2025-04-29
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169170 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169170 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24935 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12381 of 2024 Applicant :- Sachin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sandeep Kumar(Trivedi),Manish Kumar Yadav,Manisha Trivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Miss Manisha Trivedi, learned counsel for the applicant and Sri Ashok Srivastava, the learned A.G.A.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0574 of 2024, under Sections 64/333, B.N.S., and Section 3/4 POCSO Act, Police Station Pihani, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.08.2024 alleging that the applicant had forcibly raped the informant’s daughter, aged 15 years, inside his house. 4. In the affidavit filed in support of the bail-application, it has been stated that the applicant is a young man, aged 22 years, having no criminal history, and he has been falsely implicated in the present case. 5. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the chargesheet dated 24.09.2024. 6. Relevant extract of case-diary containing observations based on medico-legal examination report have been annexed with the counter-affidavit, as per which no mark of injury or sign of use of force was found on the body of the victim. 7. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement of the victim recorded by the trial court. 8. Although the victim has supported the prosecution case in her examination in chief, she in her cross-examination stated that
no misdeed had been committed against her. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid statement of the victim recorded by the trial court, coupled with the fact that the victim already having been examined by the court, in case of his release, the applicant will not be in a position to influence the victim, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11.
Let the applicant- Sachin 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 :- 29.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench