Imran Khan Vs State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:34486

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 412 of 2025

Applicant :- Imran Khan Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Rakesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.461 of 2024, under Sections 74, 115(2), 140(1), 352 of BNS, P.S. Krishna Nagar, District Lucknow.

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In the prosecution case it is alleged that informant aged about 20 years while she took the auto to reach Kale Krishna Devi Inter College. The auto driver allowed two boys to sit in the auto out of them one is Imran Khan, the applicant, who is neighbour of the victim and other one is unknown. At the instance of the accused persons, auto driver turned the auto and when the victim asked to stop the auto, his mouth was gagged by Dupatta and her phone was snatched and she was beaten by the applicant. Applicant took her forcibly to his room. The auto driver and the other persons ran away. She was beaten inside the room and was molested. Some girl called on the phone number of the applicant and getting a chance she fled.

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Learned counsel for the applicant submits that he has been falsely implicated in this case. Victim is his neighbour. No allegation of rape has been levelled on the applicant as is evident from the question put by the Investigating Officer with the victim. Medical falsifies the prosecution case as well as the

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statement of the victim under Sections 180 & 183 of the BNSS, the incident is of 07.10.2024. The medical has been conducted on 08.10.2024 where no injury has been found and further the victim has denied to give sample. He submits that the applicant is in jail since 10.10.2024 however, he has no criminal antecedents. Charge-sheet in the case has been filed.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 10.10.2024 having no criminal history, statement of the victim is not corroborated by the medical report, charge-sheet in the case has been filed, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Imran Khan be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence

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when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 4.6.2025

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Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Imran Khan v. State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko.

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Imran Khan v. State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko.

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