Neeraj Lodh Vs State of U.P. Thru. Prin. Secy. Home and 3 Others

Neutral Citation No. - 2025:AHC-LKO:22027

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3252 of 2025

Applicant :- Neeraj Lodh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Bharat Kumar Dixit, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate for the State and perused the records.

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No.0534 of 2024, under Sections 363, 366, 376 and 506 I.P.C., Sections 3(2)5 S.C./S.T. Act and Section 3/4 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bhadhokar, District Raebareli.

¶8

The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.12.2024 on the basis of an application under Section 156(3) CrPC filed on 12.06.2024, stating that while the informant's daughter aged 16 years was alone in her house, the applicant enticed her away under allurement of marrying her, at about 10 a.m. on 23.05.2024 and he dropped her back outside village on 26.05.2024. After coming back, the informant's daughter told him that the applicant had enticed her away under allurement of marrying her, he kept her in his maternal uncle's house, he took her a jungle and raped her and thereafter he dropped her back outside the village.

¶9

In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years and was studying

¶10

in class-12. The applicant used to talk to her for the past two years and he allured her to marry her. On 23.05.2024, the applicant had enticed her away from her home under allurement of marring her, he took her to the fields of his maternal uncle and committed the misdeed against her and dropped her back outside the village on 26.05.2024.

¶11

The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The radiological examination report has opined the age of the victim to be between 17-18 years.

¶12

In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past two years, he had enticed her away on 23.05.2024, he took her to the fields of his maternal uncle and kept her there for 3 days and he had committed the misdeed against her wishes and thereafter he dropped her back outside the village on 26.05.2024. She stated that she was ready to marry the applicant.

¶13

In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and has been falsely implicated in the present case.

¶14

It has further been stated in the affidavit that earlier the informant had made a complaint on online portal whereupon an inquiry was conducted and during inquiry, the informant's daughter merely stated that she loves that the applicant and she used to talk to him through phone. At one occasion, the applicant had taken her to his maternal uncle's village but she did not allege commission of rape at that occasion.

¶15

The learned Additional Government Advocate has opposed

¶16

the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 15.02.2024.

¶17

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 23.05.2024, the victim returned on 26.05.2024 and yet the FIR has been lodged on 26.12.2024 i.e. after 7 months; in the complaint made on the online portal earlier, the allegation of commission of rape was not levelled; the FIR alleges commission of rape in a jungle, in the statement given under Section 180 B.N.S.S., the victim stated the place of occurrence to be the fields of applicant's maternal uncle; the applicant is a young man aged 25 years having no criminal history, he is languishing in jail since 14.02.2025, whereas the investigation already stands concluded, I am of the view that a case for enlargement of the applicant on bail is made out.

¶18

Accordingly, this bail application stands allowed .

¶19

Let the applicant- Neeraj Lodh 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:-

¶20

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

¶21

(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

¶22

[Subhash Vidyarthi, J.]

¶23

Order Date :- 18.4.2025MVS/-

¶24

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Neeraj Lodh v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Neeraj Lodh v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Jaikesh Pal @ Jagesh Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Sri Jitendra Maurya Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Parmanand Vs State of U.P. Thru. Prin. Secy. (Home) Govt. of U.P. Lko.

Ashish Yadav Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 4 Others

Lal Mohammad Vs State of U.P. Thru. Prin. Secy. Home Lko

Awadhesh Lodh Vs State of U.P. Thru. Addl. Chief Secy. Home Lko.