Afjaal Vs State of U.P. Thru. Secy. Home Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:14260

Court No. - 29

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11613 of 2024 Applicant :- Afjaal Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pradeep Kumar Mishra Counsel for Opposite Party :- G.A.,Chandra Bhushan

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Pradeep Kumar Mishra, learned counsel for the applicant, Shri Hari Shanker Maurya, learned for the State and Shri Chandra Bhushan, learned counsel for the complainant.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.274 of 2024, under Sections 333, 64, 131, 352, 351(2), 351(3) BNS and Section 3/4 POCSO Act, Police Station Sidhauli, District Sitapur.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 20.09.2024 against the applicant and his three brothers alleging that the applicant entered the informant's house at 5 pm on 19.09.2024 while her daughter aged 17 years was in the house. The applicant molested her and upon hearing hue and cry raised by the informant's daughter, her son reached there, whereupon the applicant ran away. In the statement of the victim recorded under Section 161 Cr.P.C. she alleged commission of misdeed committed by the applicant and she further stated that when her brother came down from the rooftop the applicant pressed her mouth and ran away. In the statement of the victim recorded under Section 183 BNSS she stated that her brother had fallen unconscious.

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It has been further stated that a quarrel had taken place between the parties on 19.09.2024 regarding which father of the applicant had given a complaint to the Inspector in Charge of the police station concerned, but his FIR was not registered. It is due to this incident that the FIR was lodged against the applicant on false allegations.

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In the statement of the victim recorded under Section 180 Cr.P.C. she has stated that about this incident where she stated that the accused persons have lodged false case against her brother. After examination the Investigating Officer submitted charge sheet on 15.11.2024, wherein all the co-accused persons have been exonerated.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case, he has no criminal history and is in jail since 22.09.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact allegation of sexual assault are not supported by medico-legal examination report; that the FIR alleges that the victim is a minor whereas as per medico-legal examination report the age of the victim has been opined about 18-19 years; as per medico-legal examination report no injury were found on the body of the victim; that the applicant is a young man aged 28 years and is having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant Afjaal be released on bail in the

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aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 7.3.2025 Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Afjaal v. State of U.P. Thru. Secy. Home Lko. and 3 Others

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Afjaal v. State of U.P. Thru. Secy. Home Lko. and 3 Others

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