AKHILESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/2014/2025 · 2025-05-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127075 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127075 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27467 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2014 of 2025 Applicant :- Akhilesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ramakar Shukla,Subodh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Subodh Kumar Pandey, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate 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. 270 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and Section 3/4(2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mailani, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.08.2024 against the applicant and one Mukesh Kumar stating that both the accused persons had enticed away the informant's daughter aged about 13 year at about 15.00 Hrs. on 24.08.2024. 4. In the statement of victim recorded under Section 180 BNSS she stated that she is aged about 17 years, she knows the applicant for the past four years, she was living with the applicant in Haryana for four months and she has married him in a temple. Upon coming to know about
lodging of F.I.R. she came back with the applicant. 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 193 BNSS 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 man aged 21 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
08.02.2024. 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; that the applicant is a young man having no previous criminal history and he is languishing in jail since 01.12.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Akhilesh 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 :- 9.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench