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2025 DAILYLAW 121023 (ALL)

SANI KASHYAP v. STATE OF U.P. THRU. SECY. HOME LKO AND 3 OTHERS

BAIL/1083/2025 · 2025-05-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27889 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1083 of 2025 Applicant :- Sani Kashyap Opposite Party :- State Of U.P. Thru. Secy. Home Lko And 3 Others Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anurag Singh, learned counsel for the applicant, Sri Anshuman Verma, learned Additional Government Advocate 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. 317 of 2024, under Sections 137(2), 87, 64 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Nagar, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.09.2024 stating that the applicant had enticed away the informant's daughter aged about 17 years on 02.09.2024. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 19 years, she had gone with the applicant to Chennai, where she married him. Upon coming to know about lodging of F.I.R. she came back. 5. The victim declined to undergo medico legal examination. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has produced a copy of relevant extracts of case diary for perusal of the court which shows that even in the statement of the victim recorded under Section 183 B.N.S.S. the victim reiterated her earlier version. He has stated that the investigation has been concluded and a charge sheet has already been submitted in this case on 15.10.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 02.10.2024 and the investigation already stands concluded 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sani Kashyap 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 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench