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2025 DAILYLAW 125079 (ALL)

PRIYANSHU v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER

CRLA/636/2025 · 2025-06-05

Manish Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34621 Court No. - 13 Case :- CRIMINAL APPEAL No. - 636 of 2025 Appellant :- Priyanshu Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Dinesh Kr. Sharma Counsel for Respondent :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for appellant and learned A.G.A. appearing on behalf of State. 2. As per office report dated 28.04.2025, opposite party no.2 has been duly but has not put in appearance. 3. Criminal Appeal has been filed under Section 14-A(2) SC/ST Act against bail rejection order dated 22.10.2024 passed by Special Judge SC/ST Act, District Lucknow rejecting the bail application No. 2206 of 2024 of appellant in case crime No. 443 of 2024 under Sections 137(2), 87 B.N.S. & 3(2) (V) SC/ST Act of P.S. Mankapur, District Gonda. 4. As per contents of FIR, the allegations levelled against the appellant is that he had enticed away the minor daughter of informant on 29.06.2024. 5. It is submitted that appellant has been falsely implicated in allegations levelled against him, which would be quite evident from the fact that the statement of alleged victim recorded under Sections 180 and 183 B.N.S.S, in which she has specifically stated that she had left her house of her own volition. It has also submitted that the present case is one of the adolescent relationship without any force exerted. It is submitted that appellant without any previous criminal history is under incarceration since 18.09.2024. 6. Learned A.G.A. appearing on behalf of State has opposed the appeal but did not dispute the aforesaid fact. 7. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, it appears that the alleged victim has not supported the prosecution version in her statement recorded under Sections 180 and 183 B.N.S.S. The aspect of adolescence relationship would also require consideration since at the time of lodging of the F.I.R, the alleged victim has stated her age to be 17 years while the appellant is aged 19 years and had reportedly been married 8. Considering the facts and circumstances of case and submissions of learned counsel for parties, without commenting upon merits, it appears that the learned court below has failed to appreciate the material available on record. In view of the above, the order passed by the court below is liable to be set aside. Accordingly appeal is allowed and the order dated 22.10.2024 is set aside. 9. Let appellant (Priyanshu) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions which are being imposed in the interest of justice:- (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/intimidate the prosecution witnesses. (iii) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 5.6.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench