Takdeer @ Takdeera Husain Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

Neutral Citation No. - 2025:AHC-LKO:15982

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 126 of 2025

Applicant :- Takdeer @ Takdeera Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others

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Counsel for Applicant :- Anurag Tripathi,Yogesh Gupta Counsel for Opposite Party :- G.A.,Ram Milan Yadav

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Kirti Raj Singh, learned counsel for the applicant, Shri Ajit Singh, learned State Counsel and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.410 of 2024, under Sections 74, 64, 351(3) of BNS 2023 and Section 4(2) of P.O.C.S.O. Act registered at Police Station Gangaghat, District unnao.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 30.09.2024 against the applicant and one Noori, stating that co-accused called the informant's daughter aged about 14 years out of her home at about 7:00 PM on 02.07.2024 and when she went out of the home in the lane, the applicant molested her. When the informant's daughter cried, the coaccused caught hold of her hand, however, upon seeing some persons coming there, the accused person ran away. The statement of the victim recorded under Section 180 BNSS, she reiterated the FIR version. In the medico-legal examination

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report of the victim, no external order internal injury was seen. In the statement recorded under Section 183 BNSS, she alleged commission of rape by the applicant by insertion of his finder into her vagina.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent. The applicant's involvement in three other cases has been disclosed in para 22 of the affidavit filed in support of the bail application.

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The State has filed a counter affidavit annexing therewith the entire material collected during investigation and a copy of the charge-sheet dated 11.10.2024. The applicant's involvement in a total of six cases has been disclosed in the counter affidavit. A rejoinder affidavit has been filed on behalf of the applicant disclosing his involvement in 16 criminal cases, in all of which he has been granted bail. Co-accused Noori has already been granted bail in the present case by the Session Court.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 02.07.2024 and the FIR has been lodged on 30.09.2024 after a delay of about three months and there is no explanation of the delay in lodging the FIR; that in the FIR lodged after three months, there is no allegation of commission of rape and this allegation has been levelled for the first time in the statement recorded under Section 183 BNSS; that the

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allegation of rape is not supported by any medico-legal examination report, 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- Takdeer @ Takdeera Husain be released on bail in the 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; (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 :- 19.3.2025/-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Takdeer @ Takdeera Husain v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

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Takdeer @ Takdeera Husain v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

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