ASHISH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS
BAIL/1858/2025 · 2025-05-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125855 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125855 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27127 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1858 of 2025 Applicant :- Ashish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sachin Verma, the learned counsel for the applicant as well as Sri Diwaker Singh, the learned A.G.A. 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. 579 of 2024, under Sections 137(2), 87, 65(1) B.N.S and Section 3/4 of Protection of Children from Sexual Offences Act, registered at Police Station Kotwali Nagar, District Raibareli. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 15.12.2024, stating that the applicant had enticed away the informant's daughter aged about 14 years at about 03:00 PM on 14.12.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S. as also in her statement under Section 183 B.N.S.S., she stated that she loves the applicant, she has gone with him out of her own free will and she stayed with him in a temple for four days. 5. Although in the statement of the victim under Section 180 B.N.S.S., the victim stated that they have made physical relations but in Section 183 B.N.S.S. she categorically stated
that the applicant has not committed any misdeed against her. 6. The medico legal examination of the victim mentions no mark of injury or sign of use of force and hymen is reported to be present. 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 previous 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 the charge sheet dated 15.01.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has not levelled any allegations against the applicant; that the victim has categorically stated in her statement under Section 183 B.N.S.S that the applicant has not committed any misdeed against her and the medico legal examination report mentions hymen is present, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ashish 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 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 :- 8.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench