Pankaj Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Pankaj Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant-Pankaj to be released on bail in Case Crime No. 293 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; (iii) he shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the facts and circumstances of the case justify release of the applicant Pankaj on bail in Case Crime No. 293 of 2024 (Sections 64, 74, 333, 351(2) B.N.S., Police Station Sursa, District Hardoi).

Court's answer

On the stated facts - the unexplained one-week delay in lodging the F.I.R., the rape allegation being absent from the F.I.R. and the Section 180 BNSS statement and surfacing only in the Section 183 BNSS statement, the absence of support from the medico legal examination report and the forensic science laboratory's report, the applicant's clean criminal history and his incarceration since 19.09.2024 - the facts are sufficient to make out a case for enlarging the applicant on bail.

Ratio / Principle

The applicant-Pankaj was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to three conditions: he shall not tamper with prosecution evidence; he shall not pressurize the prosecution witnesses; and he shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Key takeaways

The bail order was passed expressly without making any observation which may affect the merits of the case.obiter¶6

Detailed headnote1 paragraphs

BAIL ALLOWED - Offences under Sections 64, 74, 333, 351(2) B.N.S., Case Crime No. 293 of 2024, Police Station Sursa, District Hardoi - F.I.R. dated 30.08.2024 alleging that applicant entered informant's home on 23.08.2024 and molested her (informant a married woman, aged about 23 years) - Allegation of rape absent from the F.I.R. and from the victim's statement under Section 180 BNSS, and levelled only in her statement under Section 183 BNSS - Medico legal examination revealed no mark of injury or use of force; forensic science examination report showed no blood or spermatozoa - One-week delay in lodging the F.I.R. left unexplained - Applicant had no previous criminal history and was in jail since 19.09.2024 - Held, facts sufficient for enlargement on bail; applicant released on personal bond and two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurizing witnesses and appearance on every trial date - Order passed without any observation affecting the merits of the case (Subhash Vidyarthi, J.).

Neutral Citation No. - 2025:AHC-LKO:15842

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 440 of 2025

Applicant :- Pankaj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Mohd. Shahid Akhtar,Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Divya Prakash, Advocate holding brief of Sri Mohd. Shahid Akhtar, learned counsel for the applicant, Sri Alok Kumar Srivastava, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 293 of 2024, under Sections 64, 74, 333, 351 (2) B.N.S., registered at Police Station Sursa, District Hardoi.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2024 stating that the informant is a married woman aged about 23 years. The applicant entered her home at about 8.00 a.m. on 23.08.2024 and started molesting her. When the informant objected the applicant escaped. In the statement of the victim recorded under Section 180 BNSS she reiterated the F.I.R. allegations. In response to a specific question she stated that besides molesting her the applicant had not committed any other misdeed. In the medico legal examination report of the victim no mark of injury or use of force has been found. In the statement of the victim recorded under Section 183 BNSS she alleged

commission of rape by the applicant.

In the affidavit filed in support of 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.

The State has filed a counter affidavit annexing therewith the copy of forensic science examination report, wherein no blood or spermatozoa has been found.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been lodged after a delay of one week and there is no explanation for the delay; that the allegation of rape has not been levelled either in the F.I.R. or in the statement of the victim recorded under Section 180 BNSS and it has been levelled in her statement recorded under Section 183 BNSS; that the allegation of rape is not supported by the medico legal examination report or the forensic science laboratory's report; that the applicant has no previous criminal history and he is languishing in jail since 19.09.2024 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.

7. Accordingly, this bail application stands allowed .

Let the applicant-Pankaj 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:-

(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, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 19.3.2025 Ram.

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