CRIMINAL MISC. BAIL APPLICATION No. 12074 of 2025 · Allahabad High Court
Case at a glance
- Bench
- PANKAJ BHATIA
Outcome
Allowed
thereof, the application is allowed
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 70(1), 351(3), 352
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 180, 183
Key paragraphs
- Para 55. Considering the huge variance in two statements and the refusal of the victim to undergo medial examination, however, without commenting upon the merits of the case, the applicant who is in jail since 20.9.2025 and has no criminal history is entitled to be enlarged…
Judgment
Heard learned counsel for the applicant, learned AGA and perused the record.
The applicant seeks enlargement on bail in FIR No.178 of 2025, under sections 70(1), 352, 351(3) BNS, P.S. Moti Ganj, District Gonda.
Learned counsel for the applicant argues that in terms of FIR it was alleged that sister of informant aged about 18 years was misbehaved by both the accused named in the FIR. No allegation of rape was made. In the statement under Section 180 BNSS the victim has disclosed her age as 18 years and stated that the applicant has misbehaved with her and no allegations of rape was made. Subsequently the victim in her statement under Section 183 BNSS levelled the allegations of rape against the applicant alone. The victim has refused to undergo medial examination.
Learned AGA has opposed the bail application.
Operative part
Considering the huge variance in two statements and the refusal of the victim to undergo medial examination, however, without commenting upon the merits of the case, the applicant who is in jail since 20.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.
Let the applicant Amresh Verma be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 2 BAIL No. 12074 of 2025 each to the satisfaction of 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 offence 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. December 9, 2025 J. K. Dinkar (Pankaj Bhatia,J.) JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: thereof, the application is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 70(1), 351(3), 352; Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 180, 183.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.