Nasibdar @ Nanbabu Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Neutral Citation No. - 2025:AHC-LKO:21153

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11635 of 2024

Applicant :- Nasibdar @ Nanbabu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.,Pramod Kumar

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Hon'ble Subhash Vidyarthi,J.

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Rejoinder affidavit to the counter affidavit filed by the State, has been filed on behalf of the applicant, which is taken on record.

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Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Anurag Verma, learned A.G.A.-I as also Sri Pramod Kumar, learned counsel for the informant.

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The instant application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 554 of 2024, under Sections 376, 504, 506, I.P.C., Section 3/4, POCSO Act, and Sections 3(2)(v), S.C./S.T. (P.A.), Act, Police Station Kotwali Nagar, District Sultanpur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.08.2024 stating that in the name of treating the informant’s ailing husband through exorcism, the applicant extracted about Rs. 7 lacs from the informant/victim and he repititavily raped her during the period 16.2.2023 and 14.9.2023. On 14.9.2023 the applicant raped the informant’s younger sister also. Thereafter, when the applicant’s husband could not recover from his ailment, the informant sought refund of the money from the applicant, whereupon he abused and threatened her.

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In the statement of the informant recorded under Section 161, Cr.P.C., she reiterated the F.I.R. version and she stated that she lives in a rented room in the house of her maternal uncle, where the applicant raped her and her younger sister also. A similar statement has been given by the informant’s youner sister.

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The investigating officer has not recorded statement of the informant’s husband.

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The Medico-legal Examination report of the informant and

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her younger sister do not mention any mark of injury or sign of use of force.

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In the statement of the informant and her younger sister recorded u/s 164, Cr.P.C., they reiterated the F.I.R. version.

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

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The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge-sheet submitted on 10.09.2024.

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The learned A.G.A.-I as well as the learned counsel for the informant have opposed the bail application and they have submitted that the allegagtions have been established during investigation and, therefore, charge-sheet has been submitted against the applicant.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have continued since 16.2.2023 to 14.9.2023 and yet the F.I.R has been lodged on 15.08.2024; the incident is said to have occurred in the rented room of the informant herself, which is situated in the house of her maternal uncle; the allegation of the payment of Rs. 7 lacs is not supported any material produced by her during investigation and that the applicant has no criminal history and he is languishing in jail since 17.8.2024; investigation already stands concluded and chargesheet has been filed, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Nasibdar alias Nanbabu be released on bail in the aforesaid 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, unless his appearance is exempted by the learned

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trial court.

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( Subhash Vidyarthi, J. )

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Order Date :- 15.4.2025 A.Nigam