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2025 DAILYLAW 124598 (ALL)

MOHIT ALIAS MOHIT LAL v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/1582/2025 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26462 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1582 of 2025 Applicant :- Mohit Alias Mohit Lal Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant, Sri Anant Pratap Singh, 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.0264 of 2024, under Sections 87, 137(2) and 64 B.N.S. and Section 3/4 POCSO Act, registered at Police Station Hanswar, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.12.2024, stating that the informant's daughter aged 14 years had gone away from her home in the night of 28.11.2024. Upon making inquiries, she came to know that the applicant had enticed her away. 4. In the statements of the victim recorded under Sections 180 and 183 B.N.S.S., she stated that she herself asked the applicant to take her with him but the applicant did not agree. However, she insisted and she went with the applicant to Ambala where she stayed in a room with him as his wife. 5. The medico legal examination of the victim reveals no mark of injury or sign of use of force. 6. In the radiological examination the age of the victim has been opined to be between 17-18 years. 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 the materials collected during investigation and a copy of the charge-sheet dated 19.12.2024. 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 against the applicant; that the applicant is a young man aged 20 years and he is languishing in jail since 07.12.2024, 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- Mohit alias Mohit Lal 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 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench