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2025 DAILYLAW 131127 (ALL)

AMIT KUMAR v. STATE OF U.P. THRU. HOME SECY. AND 3 OTHERS

BAIL/2823/2025 · 2025-04-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18790 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2823 of 2025 Applicant :- Amit Kumar Opposite Party :- State Of U.P. Thru. Home Secy. And 3 Others Counsel for Applicant :- Sanjeev Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sanjeev Kumar Shukla, the learned counsel for the applicant, Sri Anshuman Verma, the 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. 248 of 2024, under Sections 137(2), 87, 64 B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jai Singh Pur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.09.2024 alleging that the applicant enticed away the informant's daughter aged 14 years on 06.09.2024. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she had gone with the applicant to Haryana and stayed with him as his wife. The family members of the applicant contacted them by making a phone call and assured to get them married, upon which they came back. The victim declined to undergo the medico legal examination. As per the radiological examination report the age of the victim is about 15 years. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that information of the present bail application has been given to the informant/victim through police, but no one has put in appearance on their behalf. He has further submitted that the allegations have been established during investigation and a charge sheet has been submitted on 10.10.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim that she loves the applicant; that the applicant is a young man having no previous criminal history and he is languishing in jail since 29.09.2024 and the investigation already stands concluded 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Amit Kumar 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 :- 4.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench