ANIL SAROJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/2752/2025 · 2025-04-02
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 131350 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131350 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18385 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2752 of 2025 Applicant :- Anil Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Praveen Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Praveen Shukla, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned counsel for the State and Sri Avinash Pandey, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.358 of 2024, under Sections 64(1), 115(2), 137(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.12.2024 against (i) Nikhil @ Gorelal & (ii) Kapil stating that the informant had gone to a fair along with her daughter aged about 16 years at about 4.00 p.m. on 04.12.2024, but her daughter went missing from the fair. Upon making enquiries the informant came to know that named accused Nikhil is also missing from the village and he has enticed away the informant's daughter. 4. In her statement recorded under Section 180 BNSS the victim stated that her mother (the informant) is having illicit relations with the applicant and the applicant has committed misdeed against her also but her mother did not intervene in the matter. She stated that she had gone to the house of her uncle Ram Asrey and is living there out of her own freewill. The
victim declined to undergo medico legal examination. In her statement recorded under Section 183 BNSS the victim did not level any allegation against the applicant, although she narrated a different story. 5. 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. 6. The learned counsel for the informant has not opposed the bail application. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 02.01.2025 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-Anil Saroj 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