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2025 DAILYLAW 131667 (ALL)

SWAPNIL SAHU v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

BAIL/2822/2025 · 2025-04-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18785 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2822 of 2025 Applicant :- Swapnil Sahu Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Praveen Singh, the learned counsel for the applicant, Sri Diwakar Singh, 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.28 of 2025, under Sections 137 (2), 87, 64(1) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Unchahar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.01.2025 stating that the applicant had enticed away the informant's daughter (date of birth 09.07.2007) on 23.08.2025. A conversation was made with her through mobile phone on the same day at about 11.00 a.m. and she expressed willingness to return to her home but the applicant threatened the informant. 4. The informant himself took his daughter to the police station on 27.01.2025. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant had pressurized her to go with him saying that in case she did not accompany him, he would kill himself. The applicant took her to Prayagraj, stayed in a hostel and committed misdeed against her. Pradhan of her village reached there in the night on 24.01.2025 and brought her back to the village. The medico legal examination report of the victim mentions no mark of injury or use of force. 5. In her statement recorded under Section 183 BNSS the victim stated that she was in a loving relationship with the applicant for the past 6-7 months. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 18 years, he 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 and he has submitted that information of the present bail application has been given to the informant/victim through police on 23.03.2025, but no one has put in appearance on their behalf to oppose the bail application. He has further submitted that the allegations have been established during investigation and a charge sheet has been submitted on 23.03.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim stated before the Magistrate that she was in a loving relationship with the applicant for the past 6-7 months; that there is no allegation of use of force by the applicant in the medico legal examination report; that the applicant is a young man having no previous criminal history and he is languishing in jail since 01.02.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Swapnil Sahu 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