SHRIKRISHNA @ ANIL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS
BAIL/1057/2025 · 2025-05-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121498 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121498 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27462 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1057 of 2025 Applicant :- Shrikrishna @ Anil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Deepansi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Deepanshi, learned counsel for the applicant, Ms. Nikita Mishra, 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. 59 of 2024, under Sections 354, 323, 506, 376AB I.P.C. and Section 5(m)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Madhoganj, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.02.2024 stating that the applicant had caught hold of the informant's daughter aged about 9 years with evil intention and tried to drag her while she was playing in a field with her friends. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she reiterated the F.I.R. version. 5. The medico legal examination report of the victim mentions no mark of injury on her body. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that a person came while she was playing with her friends. She does not know the name of the person, but
her father consumes liquor with him and that person took her in a cave disrobed her and himself and lay down upon her. She cried whereupon the persons came there. She wore her clothes and came to her mother. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 23 years, he 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 relevant materials collected during investigation and a copy of charge sheet submitted on 10.11.2024. 9. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of statement recorded by the trial court. The informant has not supported the prosecution case and she has stated that did not know the name of the person involved in the incident.
The informant has been declared to be hostile. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has been declared to be hostile coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 04.11.2024 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Shrikrishna @ Anil 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 :- 9.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench