Umashankar Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:23701

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3491 of 2025

Applicant :- Umashankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sushil Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sushil Pandey, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I 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.354 of 2024, under Sections 137(2), 87, 61(2), 70(2) B.N.S. and Section 5g/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Tambour, District Sitapur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.08.2024 at 18.49 Hrs. stating that the applicant had enticed away the informant's sister aged about 14 years at about 23.00 Hrs. on 24.08.2024. He had given a mobile phone to the informant's sister through which he used to talk to her daily. The informant's mother had seen the applicant taking away the informant's sister.

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In the statement of the victim recorded under Section 180 BNSS she stated that while she was sleeping in the courtyard of her house Anita knocked at the door and called her outside the house. The applicant and the co-accused Hetram were standing there. They made her sit on a motorcycle and took her to their house at Mitauli. In response to a specific question the victim

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categorically stated that no misdeed was committed against her.

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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 found. No recent forcible penetration injury was seen during medico legal examination report.

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In the statement of the victim recorded under Section 183 Cr.P.C. she added name of another person Ramjit and she stated that all three of them raped her at the behest of Anita and her mother. It has further been submitted on behalf of the applicant that the co-accused Hetram has already been enlarged on bail by this court by means of an order dated 24.04.2025, passed in Criminal Misc. Bail Application No.3470 of 2025.

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The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the information of bail application has been delivered to the informant through police. She has further submitted that the allegations have been established during investigation and a charge sheet has been submitted on 24.10.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R., his name has been added in the statement of the victim recorded under Section 180 BNSS but in this statement there is no allegation of commission of rape; that she added the name of yet another person in her statement recorded under Section 183 BNSS; that as per the F.I.R. version the victim used to talk the applicant and it appears that they were in a loving relationship; that the applicant has no previous criminal history and he is languishing in jail since 04.09.2024 and a co-accused has already been enlarged on bail and the

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investigation already stands concluded and without making any observation, which may affect the merits of the case, 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-Umashankar 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:-

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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; (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.

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(Subhash Vidyarthi, J.)

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Order Date :- 25.4.2025 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Umashankar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Umashankar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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