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2025 DAILYLAW 123190 (ALL)

AMAN SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND 3 OTHERS

BAIL/1342/2025 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17293 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1342 of 2025 Applicant :- Aman Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Manoj Kumar Misra,Nishit Upreti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Counter affidavit filed today is taken on record. 2. Heard Sri Manoj Kumar Misra, learned counsel for the applicant as well as Sri Ravi Srivastava, learned A.G.A. for the State and perused the records. 3. This is second bail application seeking release of the applicant on bail in Case Crime No. 377 of 2024, under Sections 137(2), 87, 64 B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Mohanlalganj, District- Lucknow. 4. The first bail application bearing Crl. Misc. Bail Application No. 11897 of 2024 was dismissed as withdrawn by means of an order dated 27.01.2025. 5. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.08.2024 against the applicants and five other family members, stating that the informant's daughter aged about 17 years had gone missing in the morning of 20.08.2024 and he suspected that the applicant had enticed her away and his family members has assisted him. In the statement of the victim recorded u/s 180 B.N.S.S., she stated that the applicant was chasing her for the past two years and he used to pressurize her for talking to him and threatened that unless the victim talked to him, he would commit suicide. 6. Having been influenced by the applicant, the victim went to Delhi with him in the night of 22.08.2024, where the applicant kept her in a rented house and made physical relations with her. The victim told about it to her mother and when she told the applicant that she has talked to her mother and asked her to leave her home, the applicant did not give any reply, whereupon she somehow came to Lucknow. 7. In the medico legal examination report of the victim, no mark of injury or sign of use of force has been reported. In the statement of the victim recorded u/s 183 B.N.S.S., she stated that the applicant had taken her to Delhi, kept her in a rented room, threatened to spread her objectionable photos virally and committed the misdeed against her. Upon coming to know about lodging of the F.I.R., the applicant himself brought her back. While they were on the way, one Shubham Singh made a phone call and suggested that the applicant should let the victim go alone, but the applicant dropped her upto her home. 8. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he has been falsely implicated in the present case and he has no criminal history. 9. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge-sheet dated 14.10.2024. It has been stated in the counter affidavit that information of the present bail application has been served to the informant-victim. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has admitted that she used to communicate with the applicant for the past two years; that the victim had gone with the applicant to Delhi and stayed there for a week, during which period she did not make any attempt to escape, although, she has not alleged that the applicant has kept her locked inside the rented room; that there is no prima facie evidence of use of force by the applicant and the applicant is a young man aged 21 years having no previous criminal history and he is languishing in jail since 31.08.2024 whereas investigation 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Aman Sharma 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. (Subhash Vidyarthi, J.) Order Date :- 26.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench