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2025 DAILYLAW 177023 (ALL)

DEEPAK KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11652/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11652 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.767 of 2025 under sections 64(1), 78(2), 352, 115(2), 351(3) BNS, P.S. Kotwali Sadar, District Lakhimpur Kheri. 3. In terms of the FIR, allegations were levelled that the applicant came to the home of the informant when the mother was also present and started misbehaving with her and when she resisted, threats were issued. No allegation of rape were levelled. In the statement under section 180 BNSS also, no allegation of rape was levelled, however, in the statement under section 183 BNSS, the victim stated that she was in talking terms of the applicant since 2022 and on 17.02.2025, wrong was committed by the applicant. The FIR in question was lodged on 19.09.2025. 4. Considering the huge variance in the two statements, and the inordinate delay in lodging the FIR, the applicant who is in custody since 22.09.2025 and has explained his criminal antecedents, he is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Deepak Kashyap 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) : Subodh Kumar Pandey Counsel for Opposite Party(s) : G.A. Deepak Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home 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 3, 2025 VNP/- BAIL No. 11652 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench