SAURABH VERMA v. STATE OF U.P. THRU. SECY. HOMES LKO. AND 3 OTHERS
BAIL/1971/2025 · 2025-05-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126100 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126100 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26867 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1971 of 2025 Applicant :- Saurabh Verma Opposite Party :- State Of U.P. Thru. Secy. Homes Lko. And 3 Others Counsel for Applicant :- Himanshu Kumar Bachhil,Anjani Nath Khare,Manish Tiwari,Saurabh Mishra Counsel for Opposite Party :- G.A.,Ankur Kumar Panday,Rayees Ahmad Khan Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Saurabh Mishra, the learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State, Sri Ankur Kumar Pandey, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0325 of 2024, under Sections 376(2)(n) I.P.C. and Section 6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Ibrahimpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.12.2024 alleging that the informant had developed friendship with the applicant, the applicant had offered to marry her and he forcibly made physical relations with her on 12.04.2022 and on numerous other occasions. Thereafter, the applicant declined to marry her. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she reiterated her earlier version. 5. The medico legal examination report of the victim revealed
no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that she is aged about 19 years and she reiterated her earlier version. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young boy aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and a copy of charge sheet dated 04.01.2025. The learned counsel for the State has also submitted that the information of the application has been delivered to the informant through police. 9. The Statement of the victim recorded by the trial court has been brought on record along with the rejoinder affidavit and she has been declared to be hostile. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations are not supported by the findings of medico legal examination report; that the victim has turned hostile; that the applicant has no previous criminal history and he is languishing in jail since 01.01.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Saurabh Verma 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 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 appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 7.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench