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2025 DAILYLAW 202750 (ALL)

VIJAY KUMAR @ WASI v. STATE OF U.P. THRU. ADDL. CHIEF PRIN. SECY. (HOME) LKO. AND 3 OTHERS

BAIL/10231/2025 · 2025-10-28

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. - 10231 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. 341 of 2024, under Sections 64(1), 351(3) BNS, P.S. Dariyabad, District Barabanki. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant who had gone out of her home to relieve her sister was caught hold of and wrong was committed on her on 5.8.2024. The medical on record and the statement of the doctor prima facie does not corroborate the allegations of rape being done. Apart from the same the victim has already been cross examined and the medical doctor has also been cross examined. Three witness including the informant, victim and doctor have been examined. 4. Learned AGA has opposed the bail application. 5. Considering the statement of the Doctor and the fact there is nothing on record to demonstrate that the applicant, if enlarged on bail, can adversely affect the trial no criminal history, however, without commenting upon the merits of the case, the applicant who is in jail since 6.8.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Vijay Kumar @ Wissi be released on bail in Versus Counsel for Applicant(s) : Anurudh Kumar Singh, Sonu Shukla Counsel for Opposite Party(s) : G.A. Vijay Kumar @ Wasi .....Applicant(s) State Of U.P. Thru. Addl. Chief Prin. Secy. (Home) Lko. And 3 Others .....Opposite Party(s) 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. October 28, 2025 J. K. Dinkar BAIL No. 10231 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench