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2025 DAILYLAW 201968 (ALL)

AJIJURREHMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/7275/2025 · 2025-10-16

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. - 7275 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and Sheo Shankar Verma for the informant and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.304 of 2025 under sections 76, 115(2), 351(3), 64(1) BNS and section 3/4, 7/8 POCSO Act, P.S. Kotwali Bhinga, District Shrawasti. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 15 years had gone to nursery for taking care of plants and on 22.06.2025 at about 2:00 pm, the applicant misbehaved with her and when she shouted, the people gathered, he ran way. However, no allegation of rape were levelled. The FIR was lodged on 23.06.2025 at about 9.25 pm. In the statement under section 180 BNSS, the victim alleged that the rape was committed and in the further in the statement under section 183 BNSS, the victim once again alleged the commission of rape. The medical of the victim was done on the next date which does not corroborate the allegation of rape. 4. The counsel for the applicant has filed the rejoinder affidavit annexing the photographs of the applicant and the victim together to argue that both are friends. 5. Considering the fact that in the FIR, no allegation of rape were levelled and the medical on record does not corroborate the allegations and the photographs, prima-facie shows the complicity of the applicant and the Versus Counsel for Applicant(s) : Arun Kumar Mishra Counsel for Opposite Party(s) : G.A., Sheo Shankar Verma Ajijurrehman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) victim, a case for bail is made out more so when the applicant is on custody since 25.06.2025. Thus the bail application is allowed. 6. Let the applicant Ajijurrehman be released on bail in aforesaid FIR/Case Crime Number subject to his 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 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 16, 2025 VNP/- BAIL No. 7275 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench