Neutral Citation No. - 2024:AHC-LKO:67444
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10340
of 2024
Applicant :- Saudi @ Sandeep
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil
Sectt. Govt. Lko
Counsel for Applicant :- Anil Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant and learned
A.G.A. for the State.
2. The applicant seeks enlargement the on bail in FIR No. 204
of 2024 under Section 376, 506 I.P.C., Police Station-Sandila,
District - Hardoi.
3. In terms of the F.I.R lodged on 27.6.2024, it was alleged
that by the informant aged about 33 years that she was mother
of five children and on 20/21.6.2024 at about 12 when she had
gone out of her home, the applicant committed wrong upon her.
Medical report on record does not corroborate any allegations.
The medical of victim done on 29.6.2024 indicates that the
victim was tested as positive for pregnancy. There are
inconsistency in the statement recorded under Section 161 and
164 Cr.P.C.
4. Learned A.G.A. opposes the bail application.
5. Considering the fact that the medical does not corroborate the
allegation and there are substantial delay in lodging the F.I.R.
by the informant, who is aged about 33 yearsr, the prima facie
case for bail is made out. The applicant, who is in jail since
6.7.2024, is enlarged on bail. Accordingly, the bail application
is allowed.
6. Let the applicant Saudi @ Sandeep be released on bail in
the abovesaid first information report number on his furnishing
personal bonds and two reliable sureties of Rs.20,000/- each to
the satisfaction of the court concerned with the following
conditions:
(a) The applicant shall execute a bond to undertake to attend the
hearings;
(b) The applicant shall not commit any offence similar to the
offences of which he is accused or suspected of the
commission; and
(c) 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.
It is further directed that in case, in FSL, the paternity test is
found to be positive, the victim would be at liberty to file bail
cancellation application
Order Date :- 30.9.2024
Anuj Singh
Digitally signed by :-
ANUJ PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench