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2025 DAILYLAW 130714 (ALL)

GUFRAN v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO.

BAIL/2637/2025 · 2025-04-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18409 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2637 of 2025 Applicant :- Gufran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. Counsel for Applicant :- Ram Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ram Kumar Singh, learned counsel for the applicant, Shri 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.419 of 2024, under Sections 69, 89, 115(2), 351(2) B.N.S. registered at Police Station- Lonikatra, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.12.2024 against the applicant, his father Chand Babu and another person, stating that the applicant repetitively made physical relations with the informant for the past two years under allurement of marrying her and when she got pregnant, he gave her some medicine due to which she suffered miscarriage. Thereafter, the applicant declined to marry her and threatened her. 4. In the statement of the informant recorded under Section 180 B.N.S.S. as also in her statement under Section 183 B.N.S.S., she reiterated her earlier version. In the statement of the informant recorded under Section 183 B.N.S.S., she stated that her age is 22 years. 5. In the medico-legal examination report of the victim, no mark of injury or sign of use of force has been recorded. 6. The allegation of induced miscarriage is also not supported by any finding of the medico-legal examination report. 7. 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. 8. Learned A.G.A. has opposed the bail application and on the basis of written instructions, he has submitted that charges have been established during investigation and a charge-sheet has been submitted on 06.01.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the statements of the informant, she is aged 22 years, yet she made physical relations without marrying the applicant, who is of the same age; that there is nothing on record at this stage to prima facie indicate that the intention of the applicant since inception was to deceive the informant and that the applicant is a young man having no criminal history and he is languishing in jail since 11.12.2024 whereas the investigation already stands concluded, I am of the view that the applicant is also entitled to be released on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Gufran be released on bail in the aforementioned 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 :- 2.4.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench