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2025 DAILYLAW 124930 (ALL)

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

BAIL/1728/2025 · 2025-05-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30208 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1728 of 2025 Applicant :- Kamlesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Yadav,Ankit Kumar Singh,Dharmendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ankit Kumar Singh, learned counsel for the applicant, Sri Ravi Srivastava, 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. 420 of 2024, under Sections 65(1), 87, 137(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bangarmau, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.10.2024 against the applicant and some unknown persons stating that the applicant has enticed away the informant's daughter aged about 14 years on 13.10.2024. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 16 years, she had gone to Kannauj alone from where she went to Gurgaon with the applicant and stayed with him in a room as his wife. When the applicant's family members telephonically informed about lodging of F.I.R. he dropped her back. 5. The medico legal examination report mentions no mark of injury or sign of use of force. As per radiological examination report the age of victim is opined to be 15 years. 6. In the statement of the victim recorded under Section 183 BNSS she stated that she knows the applicant for the past four years and she wants to marry him. Her family members were trying to get her married to some other person and, therefore, she had gone away with the applicant. She categorically stated that she had gone out of her own freewill and nobody has enticed her away. 7. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and a copy of the charge sheet dated 20.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 08.11.2024 and the investigation already 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Kamlesh 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 :- 21.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench