ASHISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/470/2025 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116115 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116115 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27860 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 470 of 2025 Applicant :- Ashish Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bal Krishna Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Bal Krishna Shukla, the learned counsel for the applicant, Sri Pranay Kumar Sinha, 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. 134/2024, under Sections 363, 376(2)(n) IPC & 5J(ii)/6 POCSO Act & 3(2)v SC/ST Act, Police Station Jarawal Road, District Bahraich. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.06.2024 stating that the applicant had enticed away the informant's daughter aged 16 years on 31.05.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C. as well as in her statement recorded under Section 164 Cr.P.C., she stated that she is aged 18 years, her father had turned her out of his home after scolding her on 06.06.2024 and, therefore, she had gone with the applicant and has married him. She categorically stated that she was not forced to do so. 5. The medico legal examination report of the victim
reveals no mark of injury or sign of use of force. However, age of the victim has been opined to be 16 years. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she is aged 18 years, her parents were trying to get her married to some old man and when she declined, she was beaten up and turned out of his home. She knows the applicant for the past five years and she went to him and married him. She categorically stated that the applicant has not committed any misdeed against her. 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 Sate has filed a counter affidavit opposing the bail application annexing therewith copies of material collected during investigation and a copy of charge sheet dated 29.09.2024. 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 the applicant is a yound man aged 22 years having no criminal history and he is languishing in jail since 10.09.2024 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-Ashish Kumar 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 :- 12.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench