Amar Nath Maurya Vs State of U.P Thru. Prin. Secy. Home Deptt. Lko and Another

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Neutral Citation No. - 2025:AHC-LKO:17220

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2570 of 2025

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Applicant :- Amar Nath Maurya Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Lko And Another

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Counsel for Applicant :- Mohd. Tariq,Bhanu Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Bhanu Pratap Singh, learned counsel for the applicant, Shri Anant Pratap Singh, learned A.G.A. for the State 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.381 of 2024, under Sections 376, 506, 406, 328 I.P.C. registered at Police Station- Ashiyana, District- Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.10.2024 against the applicant, his mother, wife and son, alleging that the applicant entangled the informant in a love affair. He used to offer tea and eatables after adding some intoxicating substance due to which the informant did not remain conscious. She had got Rs.10 Lakhs at the time of divorce from her husband which money she gave to the applicant. The incident took place on 23.01.2023.

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A copy of an agreement entered into between the informant and applicant on 15.07.2024 has been annexed with the affidavit, which indicates that there was a monetary dispute between the parties regarding which the agreement had been entered into.

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Learned counsel for the applicant has submitted that the

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applicant could not honor the terms of the agreement within time due to which he has been falsely implicated in the present case. Copies of the bank statements of the victim has been annexed with the bail application to show the monetary transaction between the parties.

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Although the informant had supported the F.I.R. allegations in her statements, she declined to undergo medico-legal examination.

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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 and he has no criminal history.

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Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been found to be established during investigation and, therefore, a charge-sheet has been submitted on 10.12.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has stated the incident to have occurred on 23.01.2023 whereas the FIR has been lodged on 25.10.2024; that the victim has alleged in her statement regarding commission of rape but she declined to undergo medico-legal examination; there is documentary evidence to prima facie indicate monetary transaction between the parties and the applicant admits that he has committed defaults in payment of money due to the informant and that the applicant has no criminal history, he is languishing in jail since 08.12.2024 whereas the investigation already stands concluded, 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- Amar Nath Maurya 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;

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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 :- 26.3.2025

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-Amit K-