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2025 DAILYLAW 60184 (ALL)

SANJAY LODHI v. STATE OF U.P. AND ANOTHER

CRLA/4705/2025 · 2025-10-08

Sandeep Chaudhary Joint Registrar Judicial

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4705 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned AGA for the State. 2. As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant - Sanjay Lodhi with the prayer to allow the appeal, set aside the bail rejection order dated 7.5.2025 passed by learned Special Judge, Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, Fatehpur and to release the appellant on bail applicant on bail, in Case Crime No.17/2025, Under Sections-87, 64(1), 89, 115(2) B.N.S. & Section-3(2)(v), 3(2) (v) Scheduled Caste/Schedled Tribes (Prevention of Atrocitiess) Act, Police Station-Radha Nagar, District-Fatehpur. 4. Learned counsel for the appellant has submitted that false allegation of enticing away the daughter of the informant on the pretext of false marriage has been made against the appellant. The alleged incident occurred on 22.12.2024, and the victim came to her house on 13.2.2025. In between, no action was taken by the informant against the appellant, and the present FIR, after a delay of 54 days, was lodged as an after thought. 5. Learned A.G.A. has vehemently opposed the prayer and submitted that the victim was medically examined, she was found pregnant, and she has also alleged in her statement that she was abducted and raped by the appellant. Versus Counsel for Appellant(s) : Roopesh Kumar Mishra Counsel for Respondent(s) : G.A. Sanjay Lodhi .....Appellant(s) State of U.P. and Another .....Respondent(s) 6. I have considered the rival submissions so made and have gone through the entire record. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Sanjay Lodhi involved in Case Crime No.17/2025, Under Sections-87, 64(1), 89, 115(2) B.N.S. & Section-3(2)(v), 3(2) (v) Scheduled Caste/Schedled Tribes (Prevention of Atrocitiess) Act, Police Station-Radha Nagar, District-Fatehpur, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant 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. 10. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 9, 2025 Ujjawal CRLA No. 4705 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad