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

Neutral Citation No. - 2025:AHC-LKO:23492

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3454 of 2025

Applicant :- Ramzan Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Ashok Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Ashok Kumar Verma, learned counsel for the applicant, Shri Satendra Srivastava, 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.70 of 2025 under Sections 64(1), 137(2) of B.N.S., Section 3/4 of P.O.C.S.O. Act & Section 3(2)(V-A) of S.C./S.T. Act registered at Police StationKachhauna, District- Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.03.2025 alleging that the applicant had enticed away the informant's daughter aged 17 years at about 09:00 AM on 28.02.2025. He took her to Sandila where he raped her in a rented room.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith the material collected during investigation.

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In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she has been talking to the applicant for the past one year, the applicant had called her stating that in case she would not come, he would leave her and, thereafter, he took her to a Hotel and made physical relations with her. She stated that she loves the applicant but she did not know that he would commit the misdeed with her.

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

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In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she loves the applicant for the past one year, she had gone with him to a Hotel, stayed there for 2-3 hours and made physical relations with him. They had made physical relations earlier also. She came back on 28.02.2025. When her father talked about getting her married with some other person, she disclosed her relation with the applicant and thereafter her family members lodged the FIR.

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Learned A.G.A. has vehemently opposed the bail application and he has submitted that the information of the present application has been delivered to the informant. He has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 05.04.2025.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the findings of the medico-legal examination report and the statement of the victim recorded under section 183 B.N.S.S. coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 08.03.2025 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 - Ramzan 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:(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (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 :- 24.4.2025 -Amit K-

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

Ramzan v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home and 3 Others

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Ramzan v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home and 3 Others

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