Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 125514 (ALL)

MOTILAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 3 OTHERS

BAIL/1787/2025 · 2025-05-07

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:26872 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1787 of 2025 Applicant :- Motilal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rakesh Kumar Tripathi, learned counsel for the applicant, Shri Rajiv Kumar Verma, learned A.G.A.-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.354 of 2024 under Sections 137(2), 87, 65(2) of B.N.S., Section 3/4, 5m/6 of P.O.C.S.O. Act registered at Police Station- Laharpur, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2024 against the applicant, his father, sister, brother and another relative, stating that the applicant had enticed away the informant's sister aged 13 years on 21.07.2024 and had taken away Rs.1,00,000/- with her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, She had gone with the applicant to Bareli out of her own free will where she married the applicant and, thereafter, she went with him to Haryana and worked there. She categorically stated that she had gone with the applicant out of her own free will and no force was used against her. She further stated that she lived with the applicant as his wife and she wants to live with him only. 5. The victim declined to undergo external as well as internal medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. 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. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 17.01.2025. 9. Learned AGA-I has opposed the bail application and he has submitted that the information of the present application has been delivered 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 coupled with the fact that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 22.12.2024 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- Motilal be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 7.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench