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2025 DAILYLAW 132231 (ALL)

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

BAIL/2910/2025 · 2025-04-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19404 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2910 of 2025 Applicant :- Vikas Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan Counsel for Opposite Party :- G.A.,G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dinesh Kumar Sharma, the learned counsel for the applicant, Ms. Nikhita Mishra, 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.0672 of 2024, under Sections 137(2), 65(1) and 87 B.N.S. and Section 5(J) (ii)/5(I)/5(I)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Dewa, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.10.2024 alleging that the applicant had enticed away the informant's 16 years old daughter. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past five years and she loves him. She had gone with the applicant out of her own free will and she married him on 9th August. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. In radiological examination, age of the victim has been opined to be 18 years. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past one year, she married him in a temple, she has two months' pregnancy and the applicant had not forcibly taken her away. She stated that she herself has severed her matrimonial relation with the applicant as the applicant quarrels with her. She further stated that the applicant has not raped her. 5. In the affidavit filed in support of bail application, it has been stated that the applicant is a 19 years old person having no previous criminal history and he has been falsely implicated in the present case. 6. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 17.11.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim coupled with the fact that the applicant is a young man aged 19 years having no criminal history and the investigation already stands concluded, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Vikas 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 :- 7.4.2025MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench