High Court · 2025
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9. The learned counsel for the applicant has submitted that both the cases have been lodged after arrest of the applicant in the present case. One case alleges firing by the applicant while the police party was arresting him, in which incident the applicant has suffered a gun shot and no police person had got any injury and the another case under Gangster's Act has also been lodged on the basis of his involvement in the present case.
10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 19.07.2024; the victim returned home at about 7.00 a.m. on 20.07.2024, yet the F.I.R. has been lodged on
23.07.2024; that in the F.I.R. lodged three days after the victim returned home there is no mention that the victim was in a relationship with the co-accused Waseem; that allegation of commission of rape is not supported by any finding of medico legal examination report; that although the F.I.R. and the victim state that the victim is a minor, the medico legal examination report shows that she is a major; that it appears that complete facts have not been disclosed by the informant and the victim coupled with the fact that the applicant is a young man, he is languishing in jail since 25.07.2024, whereas the investigation already stands concluded and co-accused- Maqbool has already been enlarged on bail, I am of the view that the applicant is entitled to be released on bail.
11. Let the applicant- Abdul Kalam @ Lal Babu 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 :- 23.4.2025 MVS/- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench
9. The learned counsel for the applicant has submitted that both the cases have been lodged after arrest of the applicant in the present case. One case alleges firing by the applicant while the police party was arresting him, in which incident the applicant has suffered a gun shot and no police person had got any injury and the another case under Gangster's Act has also been lodged on the basis of his involvement in the present case.
10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 19.07.2024; the victim returned home at about 7.00 a.m. on 20.07.2024, yet the F.I.R. has been lodged on
23.07.2024; that in the F.I.R. lodged three days after the victim returned home there is no mention that the victim was in a relationship with the co-accused Waseem; that allegation of commission of rape is not supported by any finding of medico legal examination report; that although the F.I.R. and the victim state that the victim is a minor, the medico legal examination report shows that she is a major; that it appears that complete facts have not been disclosed by the informant and the victim coupled with the fact that the applicant is a young man, he is languishing in jail since 25.07.2024, whereas the investigation already stands concluded and co-accused- Maqbool has already been enlarged on bail, I am of the view that the applicant is entitled to be released on bail.
11. Let the applicant- Abdul Kalam @ Lal Babu 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 :- 23.4.2025 MVS/- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench