AJAY KUMAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.
/12219/2025 · 2025-12-09
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176568 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176568 (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. - 12219 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.354 of 2023 under sections 366 & 376-D IPC, P.S. Hargaon, District Sitapur. 3. In terms of the FIR, allegations were levelled that when the informant was not at home, her two daughters aged about 17 and 16 years were enticed by the two accused named in the FIR. Subsequently, both the victim have refused to undergo medical examination. The victims also did not support the allegation in their statements under section 161 Cr.P.C., although there was slight variance in the statement under section 164 Cr.P.C., however, it was admitted that both of them had gone to various places on a four wheeler. The tentative age of the victim is around 19 to 20 years in respect of one of the victim and 16 to 17 years in respect of the other victim. 4. Considering the refusal of the victim to undergo medical examination and not corroborating the FIR version in their statements, the applicant who is in custody since 10.09.2023 and has no criminal history is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Ajay Kumar Tiwari 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 Versus Counsel for Applicant(s) : Krishan Kumar Counsel for Opposite Party(s) : G.A. Ajay Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. .....Opposite Party(s)
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 to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
December 9, 2025 VNP/- BAIL No. 12219 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench