RAMGOPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/12859/2024 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169646 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169646 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26305 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12859 of 2024 Applicant :- Ramgopal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant, Sri Ravi Srivastava, 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.273 of 2024, under Sections 137/87/65(1) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Unchahar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.07.2024 stating that the informant's daughter aged about 14 years had gone to school on 01.07.2024 but she did not come back. 4. In the statement of the victim recorded under Section 180 BNSS as well as in her statement recorded under Section 183 BNSS the victim stated that she loves the applicant, she had went herself to Vijaiwada, where she married the applicant and lived with him at Ahmdabad. 5. During her medico legal examination report the victim gave similar statement before the doctor also. The medico legal
examination report of the victim discloses no mark of injury or sign of use of force. 6. 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. 7. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and copy of a charge sheet dated 07.10.2024. Although, a copy of medico legal examination report of the victim has been annexed with the counter affidavit, there is nothing on record to indicate that her radiological examination was carried out to ascertain her age. 8.
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 and she has stated that she has married the applicant out of her own freewill; that the applicant has no previous criminal history and he is languishing in jail since 19.08.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Ramgopal 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 :- 6.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench