BHUPENDRA SINGH @ BHUTTU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
BAIL/12010/2025 · 2025-12-02
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174672 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174672 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12010 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, Sri Syed Ali Murtaza learned Senior Advocate assisted by Sri Abhishek Kumar Dixit the counsel for the informant as well as learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0416 of 2025 under sections 64(2)(m), 127(4), 70(1) BNS, P.S. Khairighat, District Bahraich. 3. In terms of the FIR, it was alleged that around two months ago, the applicant had called the victim on phone from Bahraich and when she came, she was asked to sit in a four wheeler and was taken to a Hostel at Gomti Nagar where wrong was committed on the false pretext of getting a job and after she came back, the FIR was lodged. The age of the victim is around 21 years. 4. In the light of the said allegations, the counsel for the applicant draws my attention to the earlier application filed at the behest of the husband of the victim under section 173, wherein the allegations were levelled that she was missing and, the brother in law of the present applicant had enticed and had taken her to a hostel where, wrong was committed on her and it was apprehended that she has been sold. In the said case, it is informed that a final report was filed. 5. In the statement made before the medical authorities, the victim stated Versus Counsel for Applicant(s) : Shailendra Kumar Counsel for Opposite Party(s) : G.A. Bhupendra Singh @ Bhuttu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
that she was hold in a vehicle after being called by the applicant on 14.04.2025 and for a span of five months, she was kept under detention and wrong was committed by four persons. The medical on record did not notice any visible injury on either the internal or the external body of the victim. The opinion suggested that there are no sign of use of force at present, however, possibles sexual assault could be ruled out only when the FSL Report is received. 6. In the two statements under section 180 and 183 BNSS, the victim reiterated the FIR version.
It was also stated in the said statement that the victim had become pregnant two times in four months. She also stated that on 14.07.2025, she could somehow called her parents and thereafter she reached the home of one Salman. She also stated that thereafter she had gone to Bahraich and thereafter to Lucknow. She made the allegation that one Lankesh had taken her. 7. Considering the improbability in the nature of allegation coupled with the fact that FIR has been lodged after substantial delay on 09.09.2025 whereas, as per the statement, the victim had got out on 14.07.2025, there being no explanation of delay, the applicant who has explained his criminal antecedents in para 30 of the bail application and there is no similar case against the applicant, the applicant is entitled for the bail. 8. In view thereof, the bail application is allowed. 9. Let the applicant Bhupendra Singh @ Bhuttu be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the 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 BAIL No. 12010 of 2025 2
to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. The trial shall however be expedited in accordance with law. December 2, 2025 VNP/- BAIL No. 12010 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench