Dipanshu Vs the State of U.P. Thru. Prin. Secy. Home and 3 Others

Neutral Citation No. - 2025:AHC-LKO:18538

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2807 of 2025

Applicant :- Dipanshu Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Dharmendra Kumar Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Dharmendra Kumar Bhatt, learned counsel for the applicant, Shri Abhishek Kumar 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.29 of 2025, under Sections 137(2), 87, 65(1), 115(2), 352, 351(2) B.N.S. and 5(L)/6 of P.O.C.S.O. Act registered at Police Station- Haidrabad, DistrictKheeri.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.02.2025 stating that the applicant had enticed away the informant's daughter aged 14 years at about 04:00 AM on 01.02.2025.

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In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant since November 2024. Once her father saw her talking to the applicant and he had scolded her and her mother had beaten her. After sometime, she again started talking to the applicant. On 31.01.2025, the applicant forcibly took her to a sugarcane field, kept her there for three days and repetitively raped her. Upon coming to know that her family members were looking after her, the applicant dropped her near her home.

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In the medico-legal examination report of the victim, no mark of injury or sign of use of force has been reported on any part of the body. The pathological examination report is negative for HIV, VDRL, SBSAG and Pregnancy and it is silent about presence of spermatozoa.

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In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant had forcibly taken her to a sugarcane filed and had raped her for 2-3 hours.

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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 State Counsel has opposed the bail application and on the basis of instructions, he has submitted that charges have been established during investigation and a charge-sheet has been submitted on 26.02.2025.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in her statement recorded under Section 180 B.N.S.S., the victim has stated that she was in a relationship with the applicant before but she alleged that the applicant forcibly dragged her inside a sugarcane field and raped her for three days and that he kept her in the sugarcane filed itself for three days whereas in her statement recorded under Section 183 B.N.S.S., she stated that this incident continued for 2-3 hours only; that medico-legal examination report does not make any mention of mark of injury or sign of use of force, which is not natural for a person who has been forcibly dragged inside a sugarcane field and that the applicant is a young man having no criminal history and he is languishing in jail since 06.02.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are

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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- Dipanshu 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 :- 3.4.2025

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-Amit K-