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2025 DAILYLAW 126592 (ALL)

RAJA BABU v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

BAIL/1941/2025 · 2025-05-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29096 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1941 of 2025 Applicant :- Raja Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Smriti, 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.270 of 2024 under Sections 64, 87, 137(2) of B.N.S., Section 3/4 of P.O.C.S.O. Act registered at Police Station- Makhi, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.08.2024 stating that the applicant had enticed away the informant's daughter aged about 16 years on 22.08.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone away from her home as her mother had scolded her. She stated that she had gone home of her elder sister in Lucknow and she has not mentioned the name of the applicant in this statement. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she loves the applicant and she had gone with him and had married him. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years having no 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 charge-sheet submitted on 10.12.2024. 9. 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 21 years having no criminal history and he is languishing in jail since 22.10.2024 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. 10. Accordingly, this bail application stands allowed. 11. 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