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2025 DAILYLAW 173155 (ALL)

VIJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/12282/2025 · 2025-12-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12282 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Prajjwal Harsh, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.287 of 2025, under Section 87, 70(1) BNS, P.S. Dargah Shareef, District Bahraich. 3. In terms of the FIR, daughter of the informant aged about 19 years stated that on 04.10.2025 the victim was going for learning the work of beauty parlour when two persons named in the FIR including the applicant under the false pretext of marriage enticed her. In the statement under Section 180 BNSS, the victim alleged that she knew the co-accused for the last two years and on false pretext of marriage, physical allegations were formed by him. No allegation was levelled against the applicant except that he had helped her in going to Bombay, however, in the statement under Section 183 BNSS, the victim took the name of the applicant also for committing wrong on her. 4. In the light of the said, submission of learned counsel for the applicant is that the FIR in question was lodged on 09.10.2025 after about five days and the recovery of the victim by the police authorities. In the statement under Section 180 BNSS and in the FIR, no allegation of rape was levelled against the applicant. In the statement under Section 183 BNSS, for the first time, allegations of rape were levelled against the applicant also. Medical on record does not corroborate the allegation. Even before the medical authorities, victim stated that she had gone to Delhi and had Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Vijay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) stayed at Delhi for two days and when the victim called both the accused, none of them came. Tentative age of the victim is around 19 years. 5. Learned AGA has opposed the bail application. 6. Considering the huge variance in the two statements and the medical not corroborating, the applicant who is in custody since 11.10.2025 is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Vijay Kumar 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. December 8, 2025 nishant BAIL No. 12282 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench