RAKESH KUMAR v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/8335/2025 · 2025-11-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180817 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180817 (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. - 8335 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned AGA for the State. Vakalatnama by Sri Ashish Kumar Singh and Sri Ashish Kumar Tiwari on behalf of the complainant is taken on record. 2. The applicant seeks enlargement on bail in Case Crime/FIR No.149 of 2025, under Sections 76, 333, 115(2), 351(2), 70(2) of the B.N.S., 2023 and Sections 5-G/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station - Jalalpur, District Ambedkar Nagar. 3. Learned counsel for the applicant submits that in terms of the FIR, it was alleged that accused was six in persons, came to the informant's house with lathi, danda, etc. and attacked the family members of the informant and his sister tried to intervene, and they misbehaved with her. No allegation of rape was leveled in the statement under Section 180 BNSS. In the statement under Section 184 BNSS, for the first time, the allegation of insertion of finger was leveled. 4. Learned AGA and learned counsel for complainant have vehemently opposed the bail application. 5. Considering the huge variance in the statements and in the presence of family members, the allegation appears to be inherently improbable coupled Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh, Saurabh Kumar Counsel for Opposite Party(s) : G.A., Ashish Kumar Tiwari, Ashok Kumar Singh Rakesh Kumar .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
with the fact that applicant is in jail since 05.06.2025 and has explained criminal antecedents in para 25, which are not similar to the allegations in the present case, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Rakesh Kumar 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 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 7, 2025 Mohit Singh/- BAIL No. 8335 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench