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2025 DAILYLAW 125572 (ALL)

MAHFOOZ ALAM @ MANNA v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

BAIL/2045/2025 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26439 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2045 of 2025 Applicant :- Mahfooz Alam @ Manna Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Narendra Gupta,Pradeep Kumar Maurya,Priyanka Yadav,Rizwanul Haque Ansari Counsel for Opposite Party :- G.A.,Ravi Kumar Verma,Shivendra Pratap Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rizwanul Haque Ansari, the learned counsel for the applicant as well as Sri Anurag Verma, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 11 of 2025, under Sections 64(2) D, 351(3), 352 of B.N.S. Act, 2023 and 5(L)/6 of POCSO Act, 2012, registered at Police Station Rampur Mathura, District Sitapur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 12.01.2025 against the applicant, his father and brother, stating that the informant aged 19 years; the applicant repetitively made physical relations under allurement of marrying the informant but thereafter he did not marry her. 4. In the statement of he victim recorded under Section 180 B.N.S.S as well as in her statement recorded under Section 183 B.N.S.S, she reiterated her earlier version. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. As per the radio logical examination report, the age of the victim has been opined to be 17 years. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. The learned A.G.A-I has opposed the bail application and he has submitted that the victim is minor, information of the applicant has been given to the informant through the police; that the allegations have been established during investigation and a charge-sheet has already been submitted on 15.03.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has herself stated her age to be 19 years; and she has stated that she has repetitively been making physical relations with the applicant for the past one year without their marriage; that there is no allegation of use of force by the applicant, couple with the fact that the applicant has no criminal history and he is languishing in jail since 24.01.2025, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Mahfooz Alam @ Manna 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 the 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 :- 6.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench