LALTA PRASAD PASI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
CRLA/351/2025 · 2025-01-29
Subhash Chandra Sharma
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 120023 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120023 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5886 Court No. - 14 Case :- CRIMINAL APPEAL No. - 351 of 2025 Appellant :- Lalta Prasad Pasi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Amit Kumar Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record. The present appeal has been filed by the appellant with prayer to summon the records of the trial court and allow the present appeal by cancel/set aside the bail order dated 10.1.2025 passed by learned Special Judge (S.C./S.T. Act)/Additional District and Sessions Judge, Court No. 2 Unnao in bail application no. 19 of
2025. It is submitted by learned counsel for the petitioner that in this case, the daughter of the appellant was enticed away by the respondent no. 2. After investigation, final report was submitted on which direction for further investigation was made by the court concerned, as a result investigation is going. In the meantime, bail application was moved by the respondent no. 2 before the learned court of Special Judge (S.C./S.T. Act)/Additional District and Sessions Judge, Court No. 2 Unnao which was granted on 10.01.2025 without considering the objection filed by him. In this way, the order of Special Judge (S.C./S.T. Act)/Additional District and Sessions Judge, Court No. 2 Unnao cannot be said to be legal, therefore, request to set aside the order passed by learned Special Judge (S.C./S.T. Act)/Additional District and Sessions Judge, Court No. 2 Unnao on 10.01.2025 and cancel the bail of the opposite party no. 2. Learned A.G.A. opposed the submissions and contended that in this case, during the course of investigation, statement under Section 164 Cr.P.C. was recorded before the learned court concerned in which she clearly stated that she was aggrieved with her parents because they used to beat her that was the reason she went to Gujrat alone. She further stated that she did not know the respondent no. 2 and he had not committed any wrongful act with her. On the basis of statement of the victim as aforesaid, the bail was granted by the learned court concerned.
The objection filed by the complainant was also taken
consideration by the learned court concerned at the time of granting bail of the respondent no.2. There is no any illegality and impropriety in the order but this appeal being devoid of merit is liable to be dismissed at the very outset. On considering the facts and circumstances of the case,
submissions made by learned counsel for the appellant as well as learned A.G.A. perusal of record, the order passed by the Special Judge (S.C./S.T. Act)/Additional District and Sessions Judge, Court No. 2 Unnao on 10.01.2025 and the statement recorded under Section 164 Cr.P.C. in which the victim made statement as above, there appears no any illegality or impropriety in passing the order, therefore, this appeal being devoid of merit is liable to be dismissed at the very outset. Accordingly, this appeal is dismissed.
Order Date :- 29.1.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench