Kaushal v. State of U.P. Thru. Secy. Home Lko. and 3 Others
Case brief
What is this about?
Neutral Citation 2025:AHC-LKO:48494; CRIMINAL MISC. BAIL APPLICATION No. 7505 of 2025; High Court of Judicature at Allahabad, Lucknow Bench; Justice Karunesh Singh Pawar; bail granted to applicant Kaushal; Case Crime No. 117/2025, Police Station Reusa, District Sitapur; section 65(1) BNS; section 3/4(2) P.O.C.S.O. Act; inconsistent victim statements under Sections 180 and 183 BNSS; rape alleged against three accused; no injuries or supporting evidence on medical examination; ossification test not conducted; school records show age 16 years 2 months 19 days; custody since 28.05.2025; no prior criminal record; personal bond and two sureties; conditions (i)-(vi); Section 82 Cr.P.C. (now Section 84 BNSS) proclamation; Section 174-A IPC (now Section 209 of BNS).
What did the court decide?
Release of applicant Kaushal on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to imposed conditions: (i) no tampering with evidence; (ii) no pressurising/intimidating prosecution witnesses; (iii) no inducement, threat or promise to dissuade disclosure of facts or tampering; (iv) undertaking not to seek adjournments on dates fixed for evidence, failing which the trial court may treat it as abuse of bail liberty; (v) presence before the trial court on each fixed date personally or through counsel; (vi) if liberty of bail is misused and the applicant fails to appear upon proclamation under Section 82 Cr.P.C. (now Section 84 BNSS), proceedings under Section 174-A IPC (now Section 209 of BNS) may follow.