NAUSHAD MOHMMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 3 OTHERS
BAIL/1388/2025 · 2025-05-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123383 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123383 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26799 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1388 of 2025 Applicant :- Naushad Mohmmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 3 Others Counsel for Applicant :- Prateek Yadav,Anil Kumar Singh,Santosh Kumar Srivastava,Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Santosh Kumar Srivastava, learned counsel for the applicant, Shri Ravi Srivastava, learned A.G.A. 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.263 of 2024 under Sections 137(2), 87, 64 of B.N.S., Section 3/4 of P.O.C.S.O. Act & Section 3(2)(v)/3(2)(v-a) of S.C./S.T. Act registered at Police Station- Malipur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.10.2024 against the applicant and his family members, stating that the applicant had enticed away the informant's daughter on 10.10.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, her father had scolded her and threatened her to beat her and, therefore, she had gone to the applicant and told him about the entire thing. The informant's brother Dilshad Mohammad came to the informant's house and asked her father to take back the victim but his father declined to bring her back to his home. 5. The victim declined to undergo external as well as internal medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of the bail 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. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 07.12.2024. 9.
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 of against the applicant coupled with the fact that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 11.10.2024 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.
10. Accordingly, this bail application stands allowed.
11. Let the applicant- Naushad Mohmmad 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 :- 7.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench