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2025 DAILYLAW 124623 (ALL)

KASHI RAM GAUTAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO

BAIL/1616/2025 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26446 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1616 of 2025 Applicant :- Kashi Ram Gautam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Vivek Srivastava Counsel for Opposite Party :- G.A.,Brijesh Kumar Pandey,Saumya Shukla Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Srivastava, learned counsel for the applicant, Sri Anant Pratap Singh, learned Additional Government Advocate for the State as well as Ms. Saumya Shukla, learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0151 of 2024, under Sections 363, 366 and 376 IPC and Section 5J(2) and 5L/6 POCSO Act, registered at Police Station Pachpedwa, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.06.2024 alleging that the applicant had enticed away the informant's daughter aged 18 years. 4. In the statement of the victim recorded under Section 161 CrPC, she stated that she knows the applicant for the past three years, she had herself gone away with him and has married him in Devi Patan Temple, Tulsipur. 5. The victim declined to undergo medico legal examination. However, in radiological examination the age of the victim has been opined to be about 18 years. 6. The victim reiterated her earlier version before the Magistrate also while recording her statement under Section 164 CrPC. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years and he has been falsely implicated in the present case. Applicant's involvement in another criminal case has been disclosed in para-34 of the affidavit filed in support of the bail application. 8. The State has filed its counter affidavit annexing therewith copies of the materials collected during investigation and a copy of the charge-sheet dated 27.12.2024. 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 22 years and he is languishing in jail since 17.11.2024, 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- Kashi Ram Gautam 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 :- 6.5.2025MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench