SUIFYAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/502/2025 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118099 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118099 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29118 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 502 of 2025 Applicant :- Suifyan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Neeraj Pandey,Arjun Singh Somvanshi,Kaushal Tiwari,Nilesh Singh,Vijay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Kaushal Tiwari, the learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 381 of 2024, under Sections 69, 115(2), 351(3) B.N.S, registered at Police Station Inayat Nagar, District Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 10.09.2024 against the applicant and his family members, stating that the applicant repetitively made physical relations with the informant under allurement of marrying her, but thereafter he called her to Mumbai where he kept her with him since 08.07.2024 till 17.07.2024 and made physical relations with her, but ultimately he did not marry her. 4. In the statement of the victim recorded under Section 180 B.N.S.S. and 183 B.N.S.S., she reiterated the F.I.R version. 5. The medico legal examination of the victim did not reveal any mark of injury or sign of use of force. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. A supplementary affidavit has been filed on behalf the applicant annexing therewith copy of the statement of the informant recorded by the trial court. She did not support the prosecution case and, therefore, an opportunity was granted to learned public prosecutor to cross examine her. She did not support the prosecution case even in the cross examination conducted by the Additional District Government Counsel. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the statement of the victim has been recorded by the trial court and she has not supported the prosecution case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Suifyan be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench