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2025 DAILYLAW 115029 (ALL)

SACHIN @ ANKUR VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 4 OTHERS

BAIL/142/2025 · 2025-05-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30332 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 142 of 2025 Applicant :- Sachin @ Ankur Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 4 Others Counsel for Applicant :- Ashok Kumar Maurya,Anamika Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Anamika Singh, the learned counsel for the applicant and Sri Arvind Kumar Pandey, the learned AGA 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. 199/2024, under Sections 137(2), 87, 64(1), 352 Bhartiya Nyay Sanhita, 2023 & Section 3/4 POCSO Act & Section 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.08.2024 stating that the applicant had enticed away the informant's daughter aged 17 years on 23.07.2024. He married her with the consent of his family members but thereafter he left her on 30.07.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone away with the applicant to Delhi but the applicant demanded Rs. 5 lakh for marrying her. She stated that she has made physical relations with the applicant with her consent. 5. The medico legal examination report of the victim reveals no mark of injury or sign of use of force. As per radiological examination, age of the victim has been opined to be about 17 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant had taken her to his sister's home. After one week, the applicant turned her away. She stated that she had gone for marrying the applicant but the applicant demanded money for marrying her. 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. It has further been stated in the affidavit that a settlement has been entered into between the parties on 30.04.2024 and in light of settlement the informant has withdrawn all the allegations. 8. The State has filed a counter affidavit opposing the bail application annexing therewith copies of material collected during investigation and a copy of charge sheet dated 05.10.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the settlement arrived at between the parties coupled with the fact that the applicant is a young man aged 20 years having no criminal history, he is languishing in jail since 14.08.2024 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-Sachin @ Ankur Vishwakarma 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. Order Date :- 21.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench