SANDEEP KUMAR @ SANDEEP v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
BAIL/2355/2025 · 2025-03-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129070 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129070 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16264 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2355 of 2025 Applicant :- Sandeep Kumar @ Sandeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pramod Kumar Verma, learned counsel for the applicant and Ms. Charu Singh, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0449/2024, under Sections 137(2), 87, 64(1) of B.N.S. 2023 & 3/4 of POCSO Act, 2012, P.S. Gauriganj, District Amethi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 18.12.2024 stating that the applicant's daughter had gone to appear in B.A. third semester examination on 17.12.2024 but she did not return. Her date of birth is 11.02.2008. She had been enticed away by the applicant at earlier occasion on 17.05.2024 and the informant suspected that the applicant had enticed away the informant's daughter. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant for the past three years. On 13.12.2024, she had herself called the applicant by making a phone call but he declined. The victim repetitively asked the
applicant to come then he agreed to come up to Lucknow only. She came to Lucknow on her own where she met the applicant and then both of them went to Chandigarh and stayed as husband and wife. No mark of injury or sign of use of force has been reported in the medico legal examination report. 5. In the statement recorded under Section 183 B.N.S.S. also, the informant's daughter stated that she loves the applicant for the past four years, she had gone with him on her own freewill and she has stayed with him as his wife. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man having no criminal history and he has been languishing in jail since 29.12.2024. Investigation stands concluded and a charge sheet has been filed on 10.02.2025. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the informant's daughter, 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-Sandeep Kumar @ Sandeep 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 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench