MO. MAAJ v. STATE OF U.P. THRU. A.C.S./PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/91/2025 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114612 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114612 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26403 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 91 of 2025 Applicant :- Mo. Maaj Opposite Party :- State Of U.P. Thru. A.C.S./Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shaista Parveen,Mohd Najrul Abdeen Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Mohd Najrul Abdeen, learned counsel for the applicant, Shri Anshuman Verma, 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.481 of 2024 under Sections 363, 366, 376(3) IPC & 3/4(2) P.O.C.S.O. Act registered at Police Station- Kotwali Nagar, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.05.2024 alleging that the informant's daughter used to talk to a mobile number mentioned in the FIr and she had gone away from her home at about 06:00 AM on
26.09.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she had herself gone away from her home, she made a phone call to the applicant and requested him to get her a room and a job and the applicant helped her. She alleged that the applicant made physical relations with her during the night with her consent. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. As per the radio-logical examination report, the age of the victim has been opined to be 19 years. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is young man aged 21 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 17.07.2024. 9. The involvement of the applicant in two other criminal cases has been disclosed in the counter affidavit. 10. The rejoinder affidavit filed on behalf of the applicant states that the applicant is not involved in both the other cases mentioned in the counter affidavit. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in both her statements, the victim has subsequently stated that physical relations with the applicant were consensual and that the applicant is a young man aged 21 years having no criminal history and he is languishing in jail since 11.06.2024 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- Mo. Maaj 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 :- 6.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench