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2025 DAILYLAW 131602 (ALL)

DINESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS

BAIL/2824/2025 · 2025-04-07

Subhash Vidyarthi

body2025

Judgment text

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Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2824 of 2025 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava,Himanshu Singh Counsel for Opposite Party :- G.A.,Pramod Kumar Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant, Sri Anshuman Verma, learned Additional Government Advocate for the State, Sri Pramod Kumar Pandey, learned consel 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. 779 of 2024, under Sections 64(1), 351(3) of B.N.S.,2023, and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Akbarpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.12.2024 against the applicant, his mother and sister, stating that the applicant repetitively made physical relation with the informant's 15 years old daughter after calling her to his home with the assistance of his mother and sister for the past one year due to which she delivered a baby girl, who is aged two months. In the statement of the victim recorded under section 180 B.N.S.S., she stated that she used to talk to the applicant for the past one year and she likes him. The applicant repetitively made physical relation with her at his home and he said that he would marry the victim when she attains the age of 18 years during which she became pregnant and delivered a child. 4. In the statement recorded under section 183 B.N.S.S, the victim stated that she is aged 15 years. The medical legal examination report of the victim mentions that the age of the victim between 17-18 years. 5. In the affidavit filed in support of bail application it has been stated that the applicant is19 years old innocent person having no criminal history. It is also mentioned in para-25 of the affidavit that the victim is a legally wedded wife of the applicant and the applicant is always ready to keep her with him as his wife. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established in the investigation and the charge- sheet was submitted on 19.012025. 7. The informant and the applicant's father have appeared before this Court on their own accord. The applicant's father has stated that he is willing to shoulder of the responsibility of well being of the victim as his daughter- in-law. Upon this statement, the informant has expressed satisfaction and has stated that he does not want to oppose the bail application. 8. In view of the aforesaid peculiar facts and circumstances of the case, this Court is of the view that the applicant, who is 19 years old having no criminal history is entitled to be released on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Dinesh 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 :- 7.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench