GUDDU v. State of U.P. PRINCIPAL SEC. HOME AND 3 OTHERS
BAIL/1692/2025 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125334 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125334 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27897 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1692 of 2025 Applicant :- Guddu Opposite Party :- State Of U.P. Principal Sec. Home And 3 Others Counsel for Applicant :- Ashok Kumar,Chandra Prakash,Susheel Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Chandra Prakash, learned counsel for the applicant, Sri Rajiv Kumar Verma, learned Additional Government Advocate-I 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. 211 of 2023, under Sections 363, 366, 376 I.P.C. and Section 5(J)2/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kheri, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.05.2023 against five persons, including the applicant stating that the accused persons are distant relatives of the informant and they had pressurized her to get her daughter aged about 14 years married to the applicant. The applicant declined this request and thereafter all the accused persons enticed her away on 01.05.2023. 4. In the statement of the victim recorded under Section 161 Cr.P.C. as also in her statement under Section 164 Cr.P.C. she stated that she is aged about 19 years, she wants to marry the applicant, whereas her father wanted to get her married to some other person and therefore, she had gone with the applicant and
married him in a temple. She stated that she is living with the applicant as his wife and she is pregnant. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in para 20 of the rejoinder affidavit, in which he has already been granted bail. 6. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. However, the radiological examination report of the victim was not conducted for ascertaining her age. 7. The State has filed a counter affidavit opposing the bail application and copies of material collected during investigation and a copy of charge sheet dated 10.12.2024 have been annexed with the counter affidavit.
A rejoinder affidavit has also been filed on behalf of the applicant. 8. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has submitted that as per educational certificate the victim is minor. He has further submitted that the information of the present application has been given to the informant through police. 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, rather she stated that she has married the applicant and she wants to live with him coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 27.10.2024 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-Guddu 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 :- 12.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench