Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 128502 (ALL)

UMESH KUMAR v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/2255/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:16096 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2255 of 2025 Applicant :- Umesh Kumar Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shyam Bahadur, Arun Chand Pandey,Vikas Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shyam Bahadur, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I 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.8 of 2025, under Sections 69, 352 of B.N.S., 2023 registered at Police Station- Shivratan Ganj, District- Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.01.2025 stating that the informant was in love with the applicant for the past one year; the applicant repetitively made physical relations with her on the allurement of marrying her but ultimately he declined to marry her. Before the Investigating Officer as well the Magistrate, the informant reiterated the FIR version. The victim declined to undergo medico-legal examination. However, in the radio-logical examination, her age has been found to be 19 years. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged about 22 years innocent having no criminal history and he is languishing in jail since 29.01.2025. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant was major when she entered into a relationship with the applicant and she made physical relations without marrying the applicant; there is no allegation that since inception the applicant's intention was not to marry the informant and there is a possibility that the applicant might have declined to marry the informant after their relation becomes sour, coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 29.01.2025, 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Umesh Kumar 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. . [Subhash Vidyarthi, J.] Order Date :- 20.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench