Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 118582 (ALL)

KAMLESH KUMARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/605/2025 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 605 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Faizal Hashmi, learned counsel for the applicant, Shri Manish Vikram Singh Chauhan, 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.130 of 2024, under Sections 363, 366, 368 I.P.C. and Sections 16/17 of POCSO Act, registered at Police Station Baldirai, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.05.2024 against persons, not including the applicant, stating that one of the named accused person Anil had enticed away the informant's daughter aged 17 years 4 months in the early morning of 26.05.2024 and the applicant is the sister of co-accused Anil. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 21 years old innocent young woman, she has been falsely implicated in the present case and she has no criminal history. 5. Co-accused Anil has already been granted bail by means of an order dated 11.08.2025 passed by the Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.7338 of 2025. It is recorded in the aforesaid order dated 11.08.2025 that the victim has stated in her statement recorded under Section 161 Cr.P.C. that she was in a relationship with Anil for the past four years, she has gone with him out of her own free will. The victim denied to undergo medico-legal examination. Versus Counsel for Applicant(s) : Faizal Hashmi, K.K. Singh Counsel for Opposite Party(s) : G.A., Kaushal Kumar, Vinod Kumar Tiwari Kamlesh Kumari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted against the applicant. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R.; she has been implicated merely because she is sister of main co-accused Anil and Anil has already been granted bail and that the applicant is a lady, having no criminal history and is languishing in jail since 02.12.2024, 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 - Kamlesh Kumari - 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. September 8, 2025 S. Shivhare BAIL No. 605 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench