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2025 DAILYLAW 117957 (ALL)

MANNU @ MANUVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/552/2025 · 2025-05-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28035 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 552 of 2025 Applicant :- Mannu @ Manuva Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sanat Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sanat Kumar Ojha, the learned counsel for the applicant, Sri Ravi Srivastava, 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. 86/2024, under Sections 363/ 376 IPC & 3/4 POCSO Act, Police Station SAdullanagar, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.06.2024 stating that the applicant had enticed away the informant's daughter aged 16 years at about 03:00 a.m. on 26.06.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she had gone with the applicant out of her own free will and has made physical relations also with mutual consent. However, the victim's mother denied her medico legal examination. However, during her statement recorded under Sections 164 Cr.P.C., the victim stated that 5-6 persons had forcibly taken her away and all of them are her relatives. After the, the victim's medico legal examination was conducted but no mark of injury or sign of use of force came to light during her medico legal examination. As per radiological examination report her age has been opined to be about 16.66 years. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 18 years having no criminal history and innocent, he has been falsely implicated in the present case. 6. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 24.09.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded under Section 161 Cr.P.C. wherein she has stated that she had gone with the applicant out of her own free will; that initially the victim's medico legal examination was declined but later on she alleged that she had been forcibly taken away by 5-6 persons and thereafter when her medico legal examination was conducted, no mark of injury or sign of use of force was found; that the applicant is a young man aged 18 years having no criminal history and he is languishing in jail since 26.04.2024 whereas the investigation 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Mannu @ Manuva 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