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2025 DAILYLAW 128599 (ALL)

IMRAN v. THE STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

BAIL/2271/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16115 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2271 of 2025 Applicant :- Imran Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Dharm Trivedi,Manish Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dharm Trivedi, learned counsel for the applicant, Shri Anshuman Verma, the 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.457 of 2024, under Sections 137(2), 87, 70(2), 127(2) B.N.S. and 3/4(2) 5L/6M of P.O.C.S.O. Act registered at Police Station- Laharpur, District- Sitapur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 28.10.2024 against the applicant, his younger brother and father, alleging that the applicant had enticed away the informant's younger sister aged 14 years on 27.10.2024 with the assistance of co-accused persons, who are his brother and father. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant is the husband of her elder sister, he had forcibly taken her away to his home and he used to forcibly make physical relations with her. The victim was taken away for medico- legal examination but she declined to undergo the same. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 6. In the affidavit filed in support of the 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. 5. It has further been stated that a matrimonial dispute is going on between the applicant and his wife Smt. Talimul regarding which Case No.295 of 2024 has been filed in the court of Principle Judge, Family Court, Lakhimpur Kheri on 21.08.2024. It is because of the aforesaid matrimonial dispute that the FIR has been lodged on false allegations so as to put pressure on the applicant. 6. Learned A.G.A. has opposed the bail application and on the basis of instructions he has submitted that information of the present application has been delivered to the informant/victim. He has further submitted that investigation stands completed and the charge-sheet has been submitted on 15.12.2024 7. Having considered the aforesaid facts and circumstances, 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- Imran 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