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2025 DAILYLAW 129143 (ALL)

ANKIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2371/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16334 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2371 of 2025 Applicant :- Ankit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sandeep Kumar Ojha,Touqeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sandeep Kumar Ojha, the learned counsel for the applicant and Sri Ravi Srivastava, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 36/2025, under Section 69 B.N.S., Police Station Zaidpur, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.12.2025 alleging that the applicant used to talk to the informant's daughter for the past 2-3 years and under allurement of marrying her, he repetitively made physical relations with her. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is young man aged 24 years having no criminal history and he has been falsely implicated in the present case. 5. Learned AGA has opposed the bail application and he has produced the relevant extracts of case diary for perusal of the Court. As per the educational certificates, the age of the victim is more than 26 years. 6. In her statement recorded under Section 180 B.N.S.S., the victim stated that she is aged 24 years, she knows the applicant for the past two years and the applicant repetitively made physical relations under allurement of marrying her. She stated that she wants to marry the applicant but he declined. The medico legal examination report does not mention any mark of injury or sign of use of force. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated the FIR version. In the radiological examination report, no spermatozoa has been seen in the vaginal smear. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged victim is major and she is supposed to understand the repercussions of her act, yet she made physical relations with the applicant without marrying him and that the applicant is a young man having no criminal history and the investigation already stands concluded and the charge sheet has been submitted, 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-Ankit 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 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench