SHUBHAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/1953/2025 · 2025-11-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184969 (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. - 1953 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is second application for bail seeking enlargement in FIR/Case Crime No.498 of 2024 under section 64(1) of BNS, 2023, P.S. Phoolbehad, District Lakhimpur Kheri. The first bail application of the applicant was dismissed as not pressed. 3. While arguing the second bail application, the counsel for the applicant states that in terms of the first information report, it was alleged that the daughter of the informant aged about 20 years had gone with her two sisters, when the applicant caught hold of her and took her to jungle where wrong was committed. In the statement under section 180 BNSS, the victim reiterated the said version and stated that around 7 pm, the victim was taken in a jungle and wrong was committed. She also stated that the applicant had also dropped the victim back to her home when she informed her mother. A similar statement was given under section 183 BSS except, to the effect that she had gone to her home. In the statement of the sisters of the victim, they stated that she was taken by the applicant in their presence. The tentative age of the victim is around 17 years. The medical on record, prima-facie, reveals that there are no marks of injury, however a view was formed that there are sign of use of physical injury, however, there are no sign of use of Versus Counsel for Applicant(s) : Shaista Parveen, Arun Singh Somvanshi Counsel for Opposite Party(s) : G.A., Amarjeet Singh, Krishna Gopal, Sandeep Kumar Ojha, Shubham Dixit Shubham .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
force or forcible penetration. 4. Considering the statement of the victim, wherein she stated that she was dropped by the applicant on a motorcycle to her home after a substantially long time from 7 pm to 4 am on the next day and the age of the victim as well as the medical on record indicating no marks of any injury, the applicant who is in custody since 03.11.2024 having no criminal history is entitled for the bail. Thus the bail application is allowed. 5.
Let the applicant Shubham 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 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. November 3, 2025 VNP/- BAIL No. 1953 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench