AMANDEEN @ GOLU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
BAIL/2518/2025 · 2025-03-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129505 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129505 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17079 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2518 of 2025 Applicant :- Amandeen @ Golu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Dinesh Chandra,Surya Prakash Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Surya Prakash, learned counsel for the applicant as well as Sri Anshuman Verma, 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. 247 of 2024, under Sections 137(2), 87, 64 BNS and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Gadaganj, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.12.2024 against the applicant and Kuldeep, stating that the accused persons had enticed away the informant's daughter aged 17 years. In the statement of the victim recorded under Section 180 BNSS, she stated that she is aged 18 years, she had gone away from her home on her own and thereafter, she called the applicant by making a phone call. She knew the applicant since before. Upon coming to know about the FIR, the applicant dropper her back at Gadaganj. In response to a specific question, she stated that the applicant had not made physical relations. 4. Before the doctor, who conducted her medico legal examination, the victim stated that she has married the applicant
out of her own free will on 06.12.2024. No mark of injury or sign of use of force was found on her body. In the radiological examination, the age of the victim was opined to be between 17 to 18 years. 5. In the statement of the victim recorded under Section 183 BNSS, she stated that she knows the applicant for the past four years and she used to talk to him on phone. She had gone away from her home out of her own free will and she has married the applicant. She stated that the applicant has not committed any act forcibly. 6.
In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years, he has been falsely implicated in the present case and he has no criminal history. 7. The learned A.G.A. has opposed the prayer for bail. On the basis of written instructions provided to him, he has submitted that information of the present bail application has been given to the informant- victim. He has been submitted that the allegations have been established during investigation and a charge sheet has been submitted on 27.01.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim; that the applicant has no previous criminal history and he is languishing in jail since 25.12.2024 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- Amandeen @ Golu 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 :- 25.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench