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2025 DAILYLAW 185093 (ALL)

JAGDEESH KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/10748/2025 · 2025-11-13

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10748 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 applicant seeks enlargement on bail in FIR No.23 of 2025, under Section 126(2), 70(1) BNS, P.S. Gaurifanta, District Kheri. 3. In terms of the FIR lodged on 11.06.2025 informant aged about 18 years alleged that on 10.06.2025 when she was coming from her aunt's home at about 8 PM, the four persons named in the FIR misbehaved with her; no allegation of rape was levelled. In the statement under Section 180 of BNSS recorded on 11.06.2025, the victim for the first time, stated that all the four persons had committed wrong on her. In the statement under Section 183 BNSS, once again the same allegations were reiterated. Medical on record done on 14.06.2025 indicates presence of no injury whatsoever on the external or the internal part. Statement of the eyewitness which is on record suggests that the applicant had committed wrong on the victim and ran away. 4. Learned AGA has opposed the bail application. 5. Considering the age of the victim which is 18 years and there being no disclosure whatsoever of rape being committed on her coupled with the fact that the eyewitness who was also accompanying the victim also did not record any statement with regard to the rape on the date of lodging the FIR Versus Counsel for Applicant(s) : Tribhuvan Narai Singh Counsel for Opposite Party(s) : G.A. Jagdeesh Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) as also the fact that the medical report does not corroborate any allegation, the applicant who is in custody since 14.06.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Jagdeesh Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 13, 2025 nishant BAIL No. 10748 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench