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2025 DAILYLAW 113778 (ALL)

SANDEEP v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/14/2025 · 2025-05-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26762 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14 of 2025 Applicant :- Sandeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prince Singh, Advocate, holding brief of Sri Rajiv Raman Srivastava, the learned counsel for the applicant, as well as Ms. Nikita Mishra, learned Additional Government Advocate for the State, and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0428 of 2024, under Sections 137(2), 87 and 64 B.N.S. and Section 3/4 POCSO Act, registered at Police Station Laharpur, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.10.2024 on an application moved under Section 173 (4) B.N.S., against four persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 15 years on 2.08.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 18 years, a quarrel had taken placed between her and her family members due to which she had gone to Lakhimpur Kheri and she stayed with the applicant as his wife for two months. She stated that she has married the applicant on 09.10.2024. 5. The victim had decline to undergo medico legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man having no criminal history and he has been falsely implicated in the present case. 8. Learned Additional Government Advocate has opposed the bail application and she has submitted that information of the present application has been delivered to informant through police. 9. The State has filed a counter affidavit today annexing therewith the copies of the materials collected during investigation and a copy of the charge-sheet dated 07.12.2024, which is taken on record. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant; that the applicant is a young man having no criminal history and he is languishing in jail since 22.10.2024, whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Sandeep 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 :- 7.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench