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2025 DAILYLAW 124901 (ALL)

VIVEK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 3 OTHERS

BAIL/1654/2025 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26424 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1654 of 2025 Applicant :- Vivek Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 3 Others Counsel for Applicant :- Prateek Yadav,Anil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prateek Yadav, learned counsel for the applicant, Ms. Nikita Mishra, 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.0284 of 2024, under Sections 64, 137(2), 87 and 351(2) B.N.S. and Section 3/4 POCSO 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 16.11.2024 alleging that the applicant had enticed away the informant's daughter aged 14 years. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she herself called the applicant and she has married him. 5. The medico legal examination of the victim reveals no mark of injury or sign of use of force. 6. As per educational certificate as well as radiological examination report the age of the victim has come around 14-15 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she has categorically stated that no misdeed has been committed against her. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 9. The State has filed its counter affidavit annexing therewith copies of the materials collected during investigation and a copy of the charge-sheet dated 01.12.2024. 10. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement of the informant recorded by the trial court and she has been declared to be hostile. 11. 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 informant has turned hostile before the trial Court; that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 28.11.2024, 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Vivek Kumar 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