MAYARAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/12781/2025 · 2025-12-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186951 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186951 (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. - 12781 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, Sri Sagun Chandra Rastogi, the counsel for the informant as well as learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.409 of 2025 under sections 126(2), 70(1), 115(2), 118(1), 351(3), 110, 324(4) BNS, P.S. Asandra, District Barbanki. 3. In terms of the FIR, allegations were levelled against as many as nineteen persons alleging that on 03.11.2025 at about 5:00 am, the informant was going along with her sister and mother to relive herself outside home, when the applicants committed wrong on her and inserted finger in her private part. Several other allegations were levelled that the other members named in the FIR attacked the informant and the family members with the use of Lathi, Danda etc. 4. In the light of the said allegations, the counsel for the applicant argues that an FIR was also lodged at the instance of the applicant with regard to the incidence of beating each of the parties, however, as a sequel to the same, forged allegation with regard to rape was levelled. He draws my attention to the medical on record wherein, no injury was noticed on the private part, as was stated in the FIR in question. 5. The counsel for the informant states that the applicants are very bad people for which eviction proceedings have been initiated against them Versus Counsel for Applicant(s) : Farooq Ayoob, Km. Pooja Tiwari Counsel for Opposite Party(s) : G.A. Mayaram And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s)
which are pending. 6. In the light of the averments made, it is clear that the dispute with regard to land is the genesis, which has resulted in the allegations being levelled. The injuries caused are reflected against the parties in terms of the cross FIR lodged, prima-facie no material whatsoever exists in the medical report, to corroborate the allegations of rape, which have been levelled. 7.
In view thereof, the false prosecution and the false statement specifically in respect of the offence under section 376-D cannot be ruled out, as such, the applicants aged about 52 and 50 years are in custody since 17.11.2025 and have explained their criminal antecedents in para 23, which are minor in nature, the applicants are entitled to bail. Thus the bail application is allowed. 8. Let the applicants Mayaram and Rampal be released on bail in aforesaid FIR/Case Crime Number subject to their 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 applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. December 19, 2025 VNP/- BAIL No. 12781 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench