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2025 DAILYLAW 132621 (ALL)

RAJ BHAVAN SAROJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/2946/2025 · 2025-04-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19650 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2946 of 2025 Applicant :- Raj Bhavan Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashok Kumar Srivastava, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I 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. 54 of 2018, under Sections 363, 366, 344, 376, 506 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sangramgarh, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.05.2018 alleging that the applicant had enticed away the informant's daughter on 16.04.2018, she had been recovered on 29.04.2018. However, the statement of the victim has been recorded by the police on 27.04.2018 from which it appears that the averment in the F.I.R. that the victim was recovered on 29.04.2018 is not correct. The victim declined to undergo medico legal examination. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 25 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. It has also been submitted on behalf of the applicant that the victim's statement has been recorded by the trial court, wherein she has been declared to be hostile. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 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 02.12.2024 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-Raj Bhavan 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 :- 8.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench