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2025 DAILYLAW 120626 (ALL)

ANOOP KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/946/2025 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27166 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 946 of 2025 Applicant :- Anoop Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Shubhranshu Verma,Surya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Surya Prakash Singh, the learned counsel for the applicant, Shri Jayant Singh Tomar, the learned A.G.A.-I 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.451 of 2024 under Sections 137(2), 87, 64 of B.N.S., Section 3/4(2) of P.O.C.S.O. Act registered at Police Station- Mahmudabad, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.10.2024 stating that the applicant had enticed away the informant's daughter aged 15 years in the night of 26.10.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she herself had called the applicant by making a phone call and gone with him and has married him. 5. During her medico-legal examination, the victim gave a similar statement before the Doctor. The medico-legal examination report reveals no mark of injury or sign of use of force. In the pathological examination, no spermatozoa (dead or alive) was seen in the vaginal smear slide. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she categorically stated that the applicant has not committed any misdeed against her and he is innocent. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 18 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 submitted on 21.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim given before the Investigating Officer, the Doctor as well as Magistrate wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man aged 18 years having no criminal history and he is languishing in jail since 02.12.2024 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- Anoop Kumar 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. . [Subhash Vidyarthi, J.] Order Date :- 8.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench