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2025 DAILYLAW 195775 (ALL)

ASHISH v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

BAIL/1963/2025 · 2025-10-09

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. - 1963 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.27 of 2025, under Sections 87, 70(1), 115(2), 351(3) BNS, P.S. Salon, District Raebareli. 3. Learned counsel for the applicant states that the FIR in question was lodged alleging that the daughter of the informant who was 24 years old was taken to jungle and was raped there. Subsequently, in her statement 180 BNSS the victim stated that she was taken against her wishes however she claim that she knew the applicant for the last three years and he wanted to marry her. In the statement under Section 183 BNSS the victim changed the version and stated that wrong was also committed on her by the the victim however she refused medical examination. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the statement and refusal of victim to undergo medical examination coupled with the fact that the victim is aged about 24 years of age, however, without commenting upon the merits of the case, the applicant who is in custody since 30.1.2025 and having criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Ashish be released on bail in aforesaid FIR number Versus Counsel for Applicant(s) : Suman Lata, Ajay Pratap Singh, Praveen Kumar Pandey, Sachin Verma Counsel for Opposite Party(s) : G.A., Pramod Kumar Singh Ashish .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) 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. October 9, 2025 J. K. Dinkar BAIL No. 1963 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench