SHANI KUMAR @ GOLU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/636/2025 · 2025-03-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119027 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119027 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17274 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 636 of 2025 Applicant :- Shani Kumar @ Golu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd. Salman, learned counsel for the applicant as well as Sri Arvind Kumar Pandey, 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 FIR/ Case Crime No. 0134 of 2024, under Sections 363/ 366/ 376 (3) I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Patti, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.04.2024 against the applicant and one Anil, stating that the applicant had enticed away the informant's minor daughter with the assistance of co-accused Anil. The informant's daughter had taken away two gold rings and Rs.4,000/- with her. 4. In the statement of the victim recorded under Section 180 BNSS as well as in her statement recorded by the Magistrate, she stated that she had gone with the applicant out of her own free will, she married him about five months ago and she did not level any allegation of commission of any misdeed by the applicant. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The State has filed a counter affidavit annexing therewith material collected during investigation as well as a copy of the charge sheet dated 09.10.2024. It has been stated in the counter affidavit that information of the present bail application has been delivered to the informant- victim. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent stand of the victim that she loves the applicant and has married him and that the applicant has not committed any act forcibly coupled with the fact that the applicant has no previous criminal history and the investigation already stands concluded and he is languishing in jail since 19.09.2024 and without making any observation, which may affect the merits of the case, 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- Shani Kumar @ Golu be released on bail in the aforesaid 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. (Subhash Vidyarthi, J.) Order Date :- 26.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench