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2025 DAILYLAW 120780 (ALL)

SALAHUDDIN v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME DEPTT. LKO.

BAIL/945/2025 · 2025-05-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27917 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 945 of 2025 Applicant :- Salahuddin Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- S Malik E Ashtar Rizvi,Farooq Ayoob,Kumar Lakshay,Mohd Zameer Abbas,Saggir Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Saggir, learned counsel for the applicant as also Sri Arvind Kumar Pandey, the learned A.G.A., and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0520 of 2024, under Section 69, B.N.S., Police Station Dariyabad, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the informant, who herself is the victim, on 24.12.2024 alleging that the applicant kept on making physical relations with her inside her home under allurement of marrying her, for the past six months, but thereafter he declined to marry her. She also stated that the applicant had transferred Rs. 40,000.00 to her Bank-account. 4. In the statement of the informant recorded under Section 180, B.N.S.S. she reiterated the F.I.R. version. 5. The medico-legal examination report of the informant mentions no mark of injury or sign of use of force. 6. In the statement of the informant recorded under Section 183, B.N.S.S. she stated that she is aged 23 years, she used to talk to the applicant for the past 16 months and there were physical relations between them for the past one year. Although their marriage was settled earlier, but at the instigation of some relative, the applicant has declined to marry her. 7. In the affidavit filed in support of the 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. 8. The State has filed a counter-affidavit annexing therewith copies of material collected during investigation and a copy of the chargesheet submitted on 14.01.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the informant is of a matured age of understanding, she has made physical relationis with the applicant over a considerably long period of time without marriage, the applicant has no criminal history, he is languishing in jail since 25.12.2024, whereas the investigation already stands concluded and chargesheet has been filed, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Salahuddin 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 12.5.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench