HASEEB @ SHIBU v. STATE OF U.P. THRU. THE PRIN. SECY. HOME AND 3 OTHERS
BAIL/2640/2025 · 2025-04-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130246 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130246 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18149 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2640 of 2025 Applicant :- Haseeb @ Shibu Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home And 3 Others Counsel for Applicant :- Farooq Ayoob,Jyoti Singh Counsel for Opposite Party :- G.A.,Mansi Gupta Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Farooq Ayoob, learned counsel for the applicant, Sri Anurag Verma, learned A.G.A.-I for the State, Ms. Mansi Gupta, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 78 of 2025, under Sections 69, 115(2), 352 B.N.S., Section 5(1)/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3 (2)(V) of SC/ST Act, registered at Police Station Kotwali Nagar, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.01.2025 against the applicant and his parents stating that the informant was in a relationship with the applicant for the past nine years. The applicant physically exploited the informant under the allurement of marrying her. Now when the informant asks him to marry, he beats her. In her statement recorded under Section 180 BNSS the informant reiterated the F.I.R. version. In the medico legal examination report the age of the victim has been opined to be about 22 years. In her statement recorded under Section 183 BNSS the informant stated that she is aged 23 years, she is in relationship with the applicant for the past 8 years and she had lodged the F.I.R. due to some misunderstanding which has been resolved and now she does not want any proceedings to continue against the applicant. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 4 other criminal cases has been disclosed in para 25 of the affidavit filed in support of the bail application and the applicant has been granted bail in all those cases. The applicant is languishing in jail since 23.01.2025. 5. The learned counsel for the informant has appeared and she supported the prayer for grant of bail to the applicant. 6.
Having considered the aforesaid facts and circumstances of the case 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Haseeb @ Shibu 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 2.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench