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Neutral Citation No. - 2025:AHC:116536 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23971 of 2025 Applicant :- Jatin Alias Lukka Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Ms. Sita Singh, Advocate holding brief of Sri Deepak Kumar Yadav, learned counsel for the applicant, Sri Aneesh Kumar Upadhyay, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 293 of 2025, under Sections 140(4) of BNS, Police Station- Kotwali Dehat, District Bulandshahar.
3. Contention of learned counsel for the applicant is that in the FIR only two accused persons were named but subsequently in the statement of victim/injured recorded under Section 183 BNSS, four accused persons were mentioned and no specific allegation has been made against the applicant. It is further submitted that till date report of forensic lab has not been received regarding spermatozoa found around anus of victim. He further submitted that co-accused Deepak has been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.21701 of 2025 vide order dated 25.06.2025, therefore, the applicant is also entitled to be released on bail. The charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 24.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without
expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Jatin Alias Lukka involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad