KULDEEP v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS
BAIL/554/2025 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118246 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118246 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28010 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 554 of 2025 Applicant :- Kuldeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Deepansi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Dipanshi 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. 194/2024, under Sections 363, 366, 376(B), 323, 506 IPC and Section 3/4 (2) of POCSO Act, Police Station Kachhauna, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.05.2024 stating that the applicant had enticed away the informant's daughter aged 16 years on 10.05.2024. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she had gone away from her home out of her own free will, she had gone with the applicant to Delhi where she married him in a temple and started living with him as his wife. She came to the police station upon coming to know about the FIR. 5. The medico legal examination report of the victim reveals no mark of injury or sign of use of force. As per
radiological examination report, her age has been opined to be about 19 years. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that the applicant had forcibly taken her away, married him forcibly and kept her in a room forcibly for 20 days. She further stated that she had given this statement as per instructions of her family members whereas she had gone with the applicant out of her own free will and she wants to live with him only. 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 dated 16.06.2024. 9.
Having considered the aforesaid facts and circumstances of the case and consistent statements of the victim wherein she has not levelled any allegation against the applicant and that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 07.06.2024 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-Kuldeep 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