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2025 DAILYLAW 113978 (ALL)

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

BAIL/58/2025 · 2025-03-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15990 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58 of 2025 Applicant :- Saurabh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Dharmendra Kumar Misra,Jyoti Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Mr. Dharmendra Kumar Misra, the learned counsel for the applicant and Mr. Mohammad Asif Khan, the learned A.G.A.-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 266/2024, under Sections 64, 87, 137(2) of B.N.S. & 3/4 of POCSO Act, Police Station Fatehpur Chaurasi, District Unnao. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 20.09.2024 stating that the applicant had enticed away the informant's daughter aged 17 years on 01.08.2024. In the statement of the victim recorded under Section 180 BNSS she stated that she had gone away from her home on her own, she met the applicant and went with him to Ludhiana. Upon coming to know about the FIR, she came back. No mark of injury or sign of use of force was observed during the medico legal examination of the victim and the statement of the victim recorded under Section 183 BNSS she stated that she knows the applicant for the past 3-4 years and she had gone with him and has made physical relations with her free will. Upon coming to know about the FIR both of them returned. 4. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge sheet dated 24.10.2024. 5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement of the victim recorded investigating officer as also before the Magistrate she has not levelled any allegation against the applicant and that the applicant is a young man having no criminal history and is languishing in jail since 02.10.2024, I am of the view that the applicant is entitled to be released on bail. 6. Accordingly, this bail application stands allowed. 7. Let the applicant-Saurabh be released on bail in the aforementioned 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. [Subhash Vidyarthi, J.] Order Date :- 19.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench