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2025 DAILYLAW 174486 (ALL)

RAMDEV v. STATE OF U.P. THRU. ADDL.CHIEF SECY. HOME GOVT. LKO. AND 3 OTHERS

BAIL/1793/2025 · 2025-11-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1793 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Deo Prakash Srivastava, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.432 of 2024, under Section 70(2), 351(3), 352 BNS, Section 5G/6 of POCSO Act & Section 3(1)(Da)(Dha), 3(2)V, 3(2)Va of SC/ST Act, P.S. Karnailganj, District Gonda. 3. In terms of the FIR it was alleged that daughter of the informant aged about 14 years had gone to the agricultural field when the co-accused Mansaram caught hold of her and wanted to commit wrong, however, she could somehow escape; no allegation was levelled against the applicant except that when the informant had gone to home of the co-accused, the applicant prevented them from getting the FIR lodged. A similar statement was given under Section 180 BNSS wherein allegations were levelled against the co-accused, however, in the statement under Section 183 BNSS, for the first time, allegations were levelled against both the co-accused. Medical report on record annexed alongwith the counter affidavit, does not indicate presence of any injury whatsoever. Versus Counsel for Applicant(s) : Nalin Arora, Abhishek, Anand Dubey, Anubhav Singh, Firoz Ahmad Khan, Surendra Singh, Utkarsh Misra, Vrishank Pathak Counsel for Opposite Party(s) : G.A., Deo Prakash Srivastava Ramdev .....Applicant(s) State Of U.P. Thru. Addl.Chief Secy. Home Govt. Lko. And 3 Others .....Opposite Party(s) 4. Learned AGA has opposed the bail application. 5. Considering the medical report on record coupled with the huge variance in the FIR, statement under Section 180 BNSS and the statement under Section 183 BNSS, the applicant against whom no allegations were levelled, has no criminal antecedents and is in custody since 18.01.2025 is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Ramdev 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. November 3, 2025 nishant BAIL No. 1793 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench