Mohd. Farmud vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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Neutral Citation No. - 2025:AHC-LKO:19840

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8277 of 2024

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Applicant :- Mohd. Farmud Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others

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Counsel for Applicant :- Afrin Bano,Pankaj Dheer Singh Rana,Shesh Mani

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Counsel for Opposite Party :- G.A.,P.K. Singh Bisen

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shesh Mani Dubey, the learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State, as well as Shri P.K. Singh Bisen, learned counsel for the informant, 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.0026 of 2024, under Sections 147, 323, 376D, 504, 506, 452 and 427 I.P.C. and Section 5G/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mandhata, District Pratapgarh.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.03.2024 against five persons, including the applicant, stating that when the informant had gone to attend the call of nature in a field all the accused persons were present there. The applicant caught hold of her hand and started dragging her with an evil intention. Somehow, the informant reached her home and the applicant and his associates also came there and started hitting the doors with sticks and axe.

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In the statement of the informant recorded under Section 161

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CrPC, she added that the applicant and co-accused/Naushad had caught hold of her hand and tore away her clothes and they attempted to molest her. She further alleged that in the incident that occurred at her home the applicant had assaulted on her head with an axe due to which she fell unconscious. In the medico-legal examination report of the victim, stitched wound on her head is mentioned, besides bruises found present on lower part of back, however, the victim declined to undergo internal medico-legal examination. In the radiological examination, the age of the victim has been opined to be 17 years. In the statement of the informant recorded under Section 164 CrPC, she alleged commission of rape by the applicant and co-accused/Naushad.

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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.

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The State has filed its counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 12.06.2024.

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The informant has also filed a counter affidavit annexing therewith the material which is already available on record.

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Learned counsel for the informant has submitted that although co-accused/Naushad has been granted bail by means of an order dated 25.06.2024 passed by this Court in Criminal Misc. Bail Application No.6875 of 2024, the informant has filed application bearing Criminal Misc. Bail Cancellation Application No.92 of 2024 for cancellation of that bail order on the ground that the injury reports were not placed before the Court in that case.

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Having considered the aforesaid facts and circumstances of

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the case and keeping in view the fact that the victim herself is the informant in the present case and in the FIR she has alleged that merely the applicant has dragged her with an evil intention; in her statement recorded under Section 161 CrPC, she stated that accused persons had torn away her clothes, whereas in her statement recorded under Section 164 CrPC she stated that the applicant and co-accused/Naushad had committed rape against her; the informant has declined to undergo medico-legal examination, I am of the view that the aforesaid facts are sufficient 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- Mohd. Farmud 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;

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(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 :- 8.4.2025 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Farmud v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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Mohd. Farmud v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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