LOCHE SHARMA @ LOOCHO SHARMA @ ASHOK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS
BAIL/1703/2025 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122710 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122710 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26418 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1703 of 2025 Applicant :- Loche Sharma @ Loocho Sharma @ Ashok Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rajiv Raman Srivastava, the 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.80 of 2024, under Sections 363, 366, 376(3) I.P.C and Section 3(2) 5 of S.C./S.T. Act and Section 3/4(2) of Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station Rampur Mathura, District Sitapur.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.02.2024 stating that the applicant had enticed away the informant's daughter aged 17 years old on
27.02.2024.
4. In the statement of the victim recorded under Section 161 Cr.P.C, she stated that she had gone with the victim out of her own free will. In the statement of the victim recorded under Section 164 B.N.S, she reiterated her earlier version.
5. 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.
6. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 27.11.2024.
7. 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; that the applicant has no criminal history and he is languishing in jail since 02.10.2024 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.
8. Accordingly, this bail application stands allowed.
9. Let the applicant- Loche Sharma @ Loocho Sharma @ Ashok 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 :- 6.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench