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2025 DAILYLAW 125812 (ALL)

SHYAMU @ RAMU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/1811/2025 · 2025-03-17

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15654 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1811 of 2025 Applicant :- Shyamu @ Ramu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ashish Raman Mishra,Himanshu Chaubey Counsel for Opposite Party :- G.A.,Santosh Kumar Tripathi Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Raman Mishra, the learned counsel for the applicant, Sri Anurag Verma, the learned Additional Government Advocate-I for the State and Sri Santosh Kumar Tripathi, the learned counsel for the complainant. The complainant has appeared in person in compliance of the order dated 06.03.2025 passed in this case and she has also been heard. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 346/2024, under Sections 69 B.N.S. & 3/4 of POCSO Act, 2012, Police Station Kotwali Murtiha, District Bahraich. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 07.12.2024 stating that the informant is aged 19 years, the applicant resides in the informant's village and he is making physical relations with the informant under allurement of marrying her but ultimately the applicant has declined to marry her. 4. The informant has supported the FIR allegations in her statement recorded by the Investigating Officer but she declined to undergo medico legal examination. As per educational documents, the informant's date of birth is 16.08.2007. 5. In the affidavit filed in support of the application, it has been stated that the applicant is aged 20 years, the applicant and the victim, both are in a loving relationship and their marriage has been fixed and that the applicant is still willing to marry the informant. 6. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the medical examination report of the victim conducted in furtherance of order dated 06.03.2025 passed by this Court wherein the informant's age has been opined to be between 18-19 years. 7. The informant, who has appeared in person has not opposed the bail application. 8. In the affidavit filed in support of the 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. 9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Shyamu @ Ramu 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 :- 17.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench