COMPLAINANT / VICTIM GIRL CHILD OF CASE CRIME NO. 474/2024 THRU. HER BROTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
BAILC/119/2025 · 2025-11-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174775 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174775 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 119 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Pranshu Singh, Advocate holding brief of Shri Sanjeev Kumar Singh, the learned counsel for the applicant and Shri Mayank Sinha, the learned A.G.A. for the State. 2. By means of the instant application, the applicant is seeking cancellation of the bail orders dated 01.05.2025 and 22.05.2025 passed in Crl. Misc. Bail Application Nos.3679 of 2025 and 4458 of 2025 whereby this Court has ordered the opposite party Nos.3 and 4 to be enlarged on bail in Case Crime No.474 of 2024 under Sections 137(2), 127(4), 70(2) of BNS and Section 5g/6 of the P.O.C.S.O. Act registered at Police Station - Rupiadeeha, District- Bahraich. 3. A perusal of the bail orders indicates that the Court has taken into consideration the facts that even as per the allegations levelled in the FIR dated 01.12.2024, the informant's daughter had been enticed away on 17.09.2024, the accused persons themselves dropped her back near her house on 27.11.2024 and there was no explanation for delay in lodging of the FIR. Although, the victim stated in her statement under Section 180 of BNSS that the accused persons had forcibly made her sit on a motorcycle, kept her in a room at an unknown place and they used to go away during the day time and used to rape her during night for about 70 days, the medico- legal report mentions no mark of injury or sign of use of force and the pathological examination report is also negative regarding presence of spermatozoa. The radio- logical examination was not conducted ascertaining her age. 4. The applicant has sought cancellation of the bail orders on the ground that the opposite party Nos.3 and 4 are violating the conditions of bail which are that the applicant shall not tamper with the prosecution evidence, the applicant shall not pressurize the prosecution witnesses and the applicant shall appear on each and every date fixed by the trial Court. Versus Counsel for Applicant(s) : Sanjeev Kumar Singh Counsel for Opposite Party(s) : G.A. Complainant / Victim Girl Child Of Case Crime No. 474/2024 Thru. Her Brother .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s)
5.
There is no specific allegation as to how any witness has been influenced or evidence tempered with. 6. It has been stated in the application that the accused persons have repetitively sought exemption from personal appearance but there is no averment that the prosecution has adduced its evidence. 7. In these circumstances, the opposite party Nos.3 and 5 are not responsible for delay in conclusion of the trial. 8. In these circumstances, there is no good ground to cancel the bail orders dated 01.05.2025 and 22.05.2025 passed in Crl. Misc. Bail Application Nos.3679 of 2025 and 4458 of 2025. 9. The application lacks merit and the same is hereby dismissed. November 4, 2025 -Amit K- BAILC No. 119 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench