ARMAN ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
NABAIL/270/2025 · 2025-03-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129760 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129760 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17083 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 270 of 2025 Applicant :- Arman Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bal Krishna Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Bal Krishna Shukla, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in FIR/ Case Crime No.216 of 2024, under Section 137(2), 61(2) of B.N.S. and 16/17 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Risiya, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.07.2024 against two persons- Manna and Budhram, stating that the informant's daughter aged about 13 years went away from her home on 15.07.2024. The informant came to know that the name accused persons were involved in enticing away her daughter. The victim was recovered on 21.07.2024 and in her statement recorded under Section 180 BNSS, she stated that she is aged 19 years, she developed a relationship with Vikram. She asked her parents to get her married to Vikram but her parents were demanding money from him, therefore, she had gone away from her home. She met Budhram on the way and she asked Budhram to drop her with Arman Ali (applicant herein). The applicant took her to
Lucknow and thereafter, he went back. The victim went to Mumbai. She stated that she had married Vikram on
21.07.2024. In the medico-legal examination report of the victim, no mark of injury or sign of use of force was observed. The radiological examination has revealed her age between 15 to 16 years. In the statement of the victim recorded under Section 183 BNSS, she reiterated her earlier statement and she stated that she knows Vikram for the past 6-7 years, both of them liked each other and she had gone with him on her own free will and has married him about 2-3 months ago. 4.
In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 5. The learned A.G.A.-I has vehemently opposed the bail application. He has submitted that the victim is minor and the applicant has aided in her elopement. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in both the statements recorded under Section 180 and 183 BNSS, the victim has stated that she loves Vikram and she has not levelled any the allegation of commission of any misdeed against the applicant; that the applicant is having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid crime. 7. In view of the above, the anticipatory bail application of the applicant is allowed. 8. In the event of arrest/ appearance of applicant- Arman Ali before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a
personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. [Subhash Vidyarthi, J.]
Order Date :- 25.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench