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

Neutral Citation No. - 2025:AHC-LKO:35469

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5217 of 2025

Applicant :- Ramjee Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Saniya Ansari,Anita Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard Sri Aditya Kumar, Advocate holding brief of Ms. Anita, learned counsel for the applicant and learned AGA for the State.

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Learned AGA has informed that notice has already been served on the complainant by the Investigating Officer. Copy of the written notice has also provided by the learned AGA, same is taken on record.

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As no one is present for complainant despite notice given by the Investigating Officer, therefore, the bail application is being decided with the assistance of learned counsel for the applicant and learned AGA.

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The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.0090 of 2025, under Sections 61(2), 64, 333 B.N.S. and section 3/4 POCSO Act, Police Station- Majhila, DistrictHardoi.

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Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. During course of investigation, statement of victim has been recorded under Sections 180 & 183 B.N.S.S., in her statement recorded

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under Section 183 B.N.S.S., victim has stated that she visited the house of applicant and her grand mother (Nani) provided cold drink to them and thereafter applicant went back and at the same time her grand mother went to cut the grass. In the meantime, applicant came back and closed the door and committed wrong. Specific question was asked what wrong was done then she kept mum and she stated that the bad touch was given on her breast and thereafter applicant ran away. Learned counsel for the applicant again submitted that chargesheet has already been filed. Applicant is in jail since 16.03.2025. He does not have any criminal history and he is ready to cooperate in the investigation.

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Learned A.G.A. has vehemently opposed the prayer of the applicant for grant of bail and submitted that victim has supported the prosecution version but he does not dispute this fact that in the statement of victim recorded under Section 183 B.N.S.S. she stated that bad touch was given by the applicant on her breast.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, medical report and the statement of victim, I am of the view that the applicant is entitled to be released on bail.

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The bail application is allowed .

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Let the applicant- Ramjee , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence 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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(iv) 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 I.P.C./269 B.N.S.

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(v) 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./84 B.N.S.S. may be issued and if 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 I.P.C./209 B.N.S.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such

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default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 13.6.2025 Reena/-

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(Rajeev Singh,J.)

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

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

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

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