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2025 DAILYLAW 195475 (ALL)

VIKAS TIWARI v. State of U.P. through Principal Secretary Home Deptt

BAIL/12487/2025 · 2025-12-19

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. - 12487 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Prakash Singh, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.158 of 2025, under sections 77, 351(2), 352, 70BNS, P.S. Sangipur, District Pratapgarh. 3. Learned counsel for the applicant argues that in terms of FIR lodged on 28.8.2025 it was alleged that brothers of the informant, who are the applicant here, had made some inappropriate videos while daughter of the informant was taking bath. The tentative age of the victim is disclosed as 17 years. No allegations of rape was made. In terms of statement under Section 180 BNSS once again no allegations of rape was made only allegation of making some inappropriate videos made viral was levelled. However in her statement under Section 183 BNSS recorded on 8.9.2025 i.e. after substantial delay of 11 days allegations of rape against both the brothers were levelled. Learned counsel for the applicant submits that admittedly some land dispute is going on between the parties the allegations of rape was baseless. Medical on record also does not indicate any injury on private parts of the victim. The tentative age of the victim is more than 18 years as per high school certificate. 4. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Vikas Tiwari .....Applicant(s) State Of U.P. Through Principal Secretary Home Deptt .....Opposite Party(s) 5. Considering the huge variance in two statements and medical on record not corroborating the allegations and pending civil dispute in between the parties, however, without commenting upon the merits of the case, the applicant who is in jail since 20.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Vikas Tiwari 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. December 19, 2025 J. K. Dinkar BAIL No. 12487 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench