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2025 DAILYLAW 114250 (ALL)

SUJAY LAL @ SURJ LAL @ SUJE LAL v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/59/2025 · 2025-05-08

Subhash Vidyarthi

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27164 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59 of 2025 Applicant :- Sujay Lal @ Surj Lal @ Suje Lal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Praveen Kumar Pandey, Advocate holding brief of Shri Anil Kumar Awasthi, the learned counsel for the applicant, Ms. Nikita Mishra, the learned A.G.A. 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.272 of 2024 under Sections 137(2), 87, 64(1) of B.N.S., Section 3/4 of P.O.C.S.O. Act registered at Police Station- Jagatpur, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.11.2024 stating that the applicant had enticed away the informant's daughter aged 17 years on 01.11.2024 and he dropped her back in the village on 04.11.2024 at about 02:00 PM. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past two years, she had gone with him to Delhi and married him in a Temple. She stated that she wants to live with the applicant only. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. 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 aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 08.11.2024. 9. 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 coupled with the fact that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 05.11.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Sujay Lal @ Surj Lal @ Suje Lal 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 :- 8.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench