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2025 DAILYLAW 121754 (ALL)

KARAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO. AND 3 OTHERS

BAIL/1120/2025 · 2025-03-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15906 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1120 of 2025 Applicant :- Karan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Pawan Kumar Pandey, the learned counsel for the applicant and Ms. Shikha Sinha, the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 317/2024, under Sections 64, 87, 137(2) of B.N.S. & 3/4 of POCSO Act, Police Station Madhoganj, District Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 15.09.2024 alleging that the applicant, who is related to the informant, had enticed away the informant's daughter aged about 15 years on 09.09.2024. The informant's daughter had taken away Rs.6,000/- with her. 4. In the affidavit filed in support of the application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 5. The State has filed a counter affidavit annexing therewith copies of statements recorded during investigation and a copy of the charge sheet dated 22.12.2024. 6. In the statement of the victim recorded under Section 180 BNSS as also in her statement under Section 183 BNSS, she stated that she knows the applicant for the past three yeas, she has married the applicant and she wants to live with him. The medico legal examination report mentions absence of mark of injury or sign of use of force. The pathological examination report mentions the absence of spermatozoa and pregnancy test report as mandatory. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the victim, coupled with the fact that the applicant is a young man having no criminal history and is languishing in jail since 01.12.2024, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Karan 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 :- 19.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench