MANOJ v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. GOVT. LKO. AND 3 OTHERS
BAIL/2345/2025 · 2025-03-19
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126915 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126915 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15836 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2345 of 2025 Applicant :- Manoj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. And 3 Others Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Anil Kumar Singh, the learned counsel for the applicant, Sri Satyendra Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.351 of 2024, under Sections 87, 137(2), 65(1) BNS and Section 3/4(2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Qasimpur, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.10.2024 alleging that the informant's 16 years old daughter had gone away from her home at about 12.00 noon on 16.10.2024 and she did not come back. Upon making enquiries the informant came to know that the applicant had enticed her away. In her statement recorded under Section 180 BNSS she stated that her mother had scolded her due to which she got angry and left home. She stated that no misdeed had been committed against her. 4. In the medico legal examination report of the victim no mark of injury or use of force was found on any part of of her body. The pathological examination report mentions absence of spermatozoa, however, the radiological examination report
reveals the age of the victim to be 16 years. In the statement of the victim recorded under Section 183 BNSS she stated that her friend Rani had called her on 16.10.2024 and had made her talk to the applicant. She knows the applicant for the past one year and she used to talk to him on phone. She had gone with the applicant but till then she did not know his caste. She came to know about his caste subsequently and thereafter she did not want to stay with him. 5. In the affidavit filed in support of 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. 6.
The learned A.G.A. has opposed the prayer for bail and on the basis of instructions provided to him he stated that information of the application has been delivered to the informant/victim. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the initial statement of the victim she did not level any allegation against the applicant; that the medico legal examination report does not support the allegation of commission of any misdeed; that in her statement recorded under Section 183 BNSS the victim stated that she knows the applicant for the past one year and she had gone with him but subsequently she came to know about his caste and thereafter she decided to leave him; that the applicant has no previous criminal history and he is languishing in jail since 14.11.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Manoj 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 :- 19.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench