RAPPU @ GAPPU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
BAIL/12906/2024 · 2025-04-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169781 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169781 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24822 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12906 of 2024 Applicant :- Rappu @ Gappu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Alok Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Alok Kumar, learned counsel for the applicant as also Sri Diwakar Singh, the learned A.G.A. and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0185 of 2024, under Sections 137(2), 87, 65(1), B.N.S. 2023 and Section 5(L)/6, POCSO Act Police Station Ghunghter, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.07.2024 against the applicant and one Balwant stating that with the assistance of co-accused Balwant the applicant had enticed away the informant’s daughter, aged 15 years, at about 4.00 p.m. on 15.07.2024. 4. In the statement of the victim recorded under Section 180, B.N.S.S. she stated that she is aged 17 years. She used to talk to the applicant and she had gone away with him to Mumbai. She married with him in a temple and stayed with him for one month. After coming to know about lodging of the F.I.R. she came back. 5. The medico-legal examination report of the victim does not disclose anything abnormal. 6. In the statement of the victim recorded under Section 183, B.N.S.S. she stated that she reiterated her earlier version. 7. In the affidavit filed in support of the 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. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during
investigation and chargesheet has been submitted on
13.09.2024. 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, 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- Rappu alias Gappu 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 :- 30.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench