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2025 DAILYLAW 123187 (ALL)

MONU VERMA @ MONU PATEL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/1329/2025 · 2025-05-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27895 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1329 of 2025 Applicant :- Monu Verma @ Monu Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Opposite Party :- G.A.,Pramod Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Avinash Srivastava, 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. 410 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Lalganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.09.2024 stating that the applicant had enticed away the informant's daughter aged about 14 years on 25.09.2024. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 17 years, her mother used to scold her and therefore she had gone away from her home at about 2.30 p.m. on 25.09.2024 and she stayed in a field for about two days and thereafter she came to the police station of her own. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force and the pathological examination report of the victim mentions no spermatozoa seen in vaginal smear slide. As per radiological examination report the age of the victim has been opined to be about 17 years. 6. In the statement of the victim recorded under Section 183 BNSS she stated that the applicant had taken her to Chennai in her truck, where they stayed for two days in the truck itself. Although, she stated that the applicant committed a misdeed against her, she further stated that she could not say as to what misdeed was committed against her. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 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 the copies of relevant materials collected during investigation and a copy of charge sheet dated 05.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded under Section 180 BNSS wherein she has not levelled any allegation against the applicant and that although she stated in her statement recorded under Section 183 BNSS that a misdeed has been committed against her, she could not describe as to what was the misdeed committed against her, coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 05.12.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Monu Verma @ Monu Patel 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