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2025 DAILYLAW 130386 (ALL)

TASNEEM KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 3 OTHERS

BAIL/2975/2025 · 2025-04-09

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19895 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2975 of 2025 Applicant :- Tasneem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Dheeraj Kumar Srivastava,Sachin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sachin Srivastava, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate 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. 215 of 2024, under Sections 137(2), 65(1), 87, 318(4), 338, 336(3), 340(2), 341(1) B.N.S. I.P.C. and Section 3/4 (2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jankipuram, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.07.2024 stating that the informant's sister aged about 15 years has gone away from her home on 15.07.2024 and he suspected that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 180 BNSS she sated that she had come in contact with the applicant, he had taken her with him and committed the misdeed. The medico legal examination report of the victim does not reveal any mark of injury or sign of use of force. In the statement of the victim recorded under Section 183 BNSS she stated that she knows the applicant for the past four years and the applicant is her boyfriend. She stated that the applicant had made physical relations under the allurement of marrying her. 5. It has been stated by the learned counsel for the applicant that the victim has been examined by the learned trial court and she has been declared to be hostile. 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 Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has become hostile coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 11.08.2024 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-Tasneem Khan 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 :- 9.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench