MATOL v. STATE OF U.P THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.
BAIL/10941/2025 · 2025-11-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186348 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186348 (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. - 10941 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. None has appeared for the informant despite notice. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 238 of 2025, under sections 70(1), 351(2), 115(2) BNS, P.S. Kamalpur, District Sitapur. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant aged about 17 years had gone alongwith her friend and when they were talking three accused threatened them and committed wrong on her. In the statement under Section 180 BNSS the victim stated that she had gone alongwith her friend and when both of them were talking all three accused committed wrong on her and also made some videos and threatened her. In the statement under Section 183 BNSS the victim stated that the friend of the victim was taken to nearby place and thereafter wrong was committed on her by all three accused. The medical of the victim was done on 18.8.2025 which did not corroborate any allegations of use of force. The tentative age of the victim is around 17 years. In the light of the said allegations my attention is drawn to statement of friend of victim who stated that on date they were beaten and no allegations of rape was levelled in the said statement of the friend of victim. There is no recovery of any video. Versus Counsel for Applicant(s) : Lalji Prasad Shukla Counsel for Opposite Party(s) : G.A. Matol .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s)
5. Learned AGA has opposed the bail application. 6. Considering the fact that friend of victim was present with her at the time of incident and does not corroborate the allegations of rape coupled with the fact that the medical on record does not indicate use of force and does not corroborate the allegation of rape, however, without commenting upon the merits of the case, the applicant who is in jail since 19.8.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Matol 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 15, 2025 J. K. Dinkar BAIL No. 10941 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench