NEERAJ KUMAR @ DHEERAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/2460/2025 · 2025-03-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129361 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129361 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16667 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2460 of 2025 Applicant :- Neeraj Kumar @ Dheeraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Manish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Vakalatnama filed by Sri Sudheer Kumar Mishra, learned counsel on behalf of complainant/ opposite party No.2 is taken on record. 2. Heard Sri Manish Kumar Gupta, learned counsel for the applicant, Sri Anand Pratap Singh, learned A.G.A. for the State as well as Sri Sudheer Kumar Mishra, learned counsel for the informant/ complainant and perused the records. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0017 of 2025, under Sections 137(2), 87, 65(1) of B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Deeh, District- Raebareli. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.01.2025 alleging that the applicant had enticed away the informant's daughter aged about 17 years on
14.01.2025. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone with the applicant out of her own free will, she wants to live with him as he has promised to marry her and the applicant has not committed any act forcibly. The victim declined to undergo medico legal examination. Her radiological examination was
also not conducted. 5. In the statement recorded under Section 183 B.N.S.S., she stated that she is aged 18 years, although, in her education records her date of birth is mentioned as 05.01.2010, she knows the applicant for past 3-4 years, she had gone with him with her own free will, the applicant has not committed any act forcibly and she wants to live with the applicant and she does not want to go to her parent's home. 6. In the affidavit filed in support of 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. 7.
The learned A.G.A. as well as learned counsel appearing for the informant has vehemently opposed the prayer for bail of the applicant and they have submitted that as per the educational certificate, the victim is minor. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has consistently stated that she is in a relationship with the applicant and the applicant has not committed any act forcibly and that she wants to live with him only; coupled with the fact that the applicant is a young man having no criminal history, the investigation stands concluded and charge sheet has been submitted on 02.02.2025 and the applicant is languishing in jail since 28.01.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Neeraj Kumar @ Dheeraj 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. (Subhash Vidyarthi, J.) Order Date :- 24.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench