RAMJI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/6567/2025 · 2025-10-16
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 202249 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202249 (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. - 6567 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.30 of 2025, under Sections 87, 137 (2), 65(2) of BNS; Section 5/6 of POCSO Act and Section 3(2)V of SC/ST Act, Police Station Arwal, District Hardoi. 3. In terms of the FIR, it was alleged that the daughter of the informant was enticed by the co-accused Kuldeep. The age of the victim is disclosed as 13 years. Subsequently in the statement under Section 180 of BNSS, the victim stated that she met the applicant who had taken her to a place and thereafter he ran away, however, in the statement under Section 183 of BNSS, the allegation of rape was also levelled. The medical on record does not indicate any injury and the hymen was also found to be intact. The tentative age of the victim is 13-14 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the medical report not attracting the penetrative sexual assault as defined under Section 3/5 of the POCSO Act and the fact that the applicant has no criminal antecedents and is languishing in jail since 15.02.2025, I am of the view that the applicant is entitled to be released Versus Counsel for Applicant(s) : Vimlesh Chandra, Abdul Shadab Khan, Vijay Kumar Counsel for Opposite Party(s) : G.A. Ramji .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
on bail. Accordingly, the bail application is allowed. 6.
Let the applicant Ramji be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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 akverma BAIL No. 6567 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench