Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 182118 (ALL)

ROHIT AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/11726/2025 · 2025-12-01

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11726 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the applicants as also the learned A.G.A. for the State and perused the record. 2. The applicants have filed this application seeking bail in Case Crime No. 284 of 2025 under Section 74, B.N.S. and Section 7/8, POCSO Act, P.S. Mitauli, District Kheri. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case due to village rivalry. He has also alleged that there is no allegation of rape against the applicants, rather the allegation is that they dragged the victim in the sugarcane field. It is also alleged that had the applicants dragged the victim in the sugarcane field, she would have received the injuries, but no injury is found on the body of the victim. The applicants have no criminal history and they are in jail since 14.09.2025. 4. Learned A.G.A. has opposed the prayer for bail, but he could not dispute the facts stated above. 5. Considering the overall facts and circumstances of the case particularly the fact that the allegation against the applicants is dragging the victim to sugarcane field, but no injury has been found on the body of the victim; applicants have no previous criminal history and they are in jail since 14.09.2025, it is a fit case for bail. The application is accordingly allowed. 6. Let the applicants Rohit and Golu be released on bail in the aforesaid F.I.R./Case Crime No. 284 of 2025 on each of them furnishing a personal Versus Counsel for Applicant(s) : Sumit Chauhan, Ashutosh Srivastava Counsel for Opposite Party(s) : G.A. Rohit And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) bond and two sureties, each in the like amount, to the satisfaction of the court concerned, on the following conditions: (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. December 1, 2025 A.Nigam BAIL No. 11726 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench