KASHI RAM GAUTAM v. THE STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME DEPTT. LKO. AND 3 OTHERS
BAIL/1781/2025 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125842 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125842 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:29099 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1781 of 2025 Applicant :- Kashi Ram Gautam Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Deptt. Lko. And 3 Others Counsel for Applicant :- Vivek Srivastava Counsel for Opposite Party :- G.A.,Brijesh Kumar Pandey,Saumya Shukla Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Vivek Srivastava, the learned counsel for the applicant, Shri Abhishek Kumar Singh, the learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.227 of 2024 under Sections 64(2)M, 89, 115(2), 137(2) of B.N.S., Section 5J(2), 5L/6 of P.O.C.S.O. Act registered at Police Station- Pachpedwa, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.10.2024 stating that the applicant had enticed away the informant's grand-daughter. In this regard, an FIR no.151/2024 was registered but she was sent with the applicant treating her to be minor. The victim was handed over to the informant but thereafter, the applicant again took away the informant's grand-daughter on 26.09.2024
4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that her age is more than 18 years, she used to talk to the applicant for the past two months and she had gone away with him prior to lodging of the previous FIR and she has married him in Devi Patan Mandir, Tulsipur. She categorically stated that she is major and she wants to live with the applicant only. 5. A similar statement was given by the victim while recording her statement under Section 183 B.N.S.S.
6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years and he has been falsely implicated in the present case. The applicant is involved in another criminal case relating to the present
victim only. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 24.12.2024. 8.
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 22 years and he is languishing in jail since 17.11.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 16.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench