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2025 DAILYLAW 116101 (ALL)

DEEPU SAROJ v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND 3 OTHERS

BAIL/326/2025 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27117 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 326 of 2025 Applicant :- Deepu Saroj Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And 3 Others Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sumit Kumar Srivastava, learned counsel for the applicant, Shri Anant Pratap Singh, 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.245 of 2024 under Sections 137(2), 87, 64 of B.N.S., Section 5(J(2)/6 of P.O.C.S.O. Act registered at Police Station- Baghrai, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.07.2024 stating that the applicant had enticed away the informant's daughter aged 16 years on 17.07.2024 and she had taken away some jewellery and Rs.40,000/- cash with her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 20 years, She loves the applicant and she has married him. She came back home on her own upon coming to know about the FIR. 5. The victim declined to undergo external as well as internal 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 aged 22 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 06.09.2024. 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 22 years having no criminal history and he is languishing in jail since 30.08.2024 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- Deepu Saroj 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