DILSHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/3050/2025 · 2025-04-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133055 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20256 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3050 of 2025 Applicant :- Dilshad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Nijam Ahamad, learned counsel for the applicant, Shri Alok Kumar Tiwari, learned A.G.A. 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.53 of 2025 under Sections 87, 137(2), 64(1) B.N.S. 3/4 of P.O.C.S.O. Act and 3(2)(v), 3(2) (va)of S.C./S.T. Act registered at Police Station- Jalalpur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.02.2025 against the applicant and Afsari, stating that the applicant had enticed away the informant's daughter on 05.02.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, she is in love with the applicant for the past two years and she had gone with him for marrying him. Upon coming to know about the FIR, both of them came back. She stated that the applicant did not commit any misdeed. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. The radio-logical examination has not been conducted for ascertaining the age of the victim and
the pathological examination report mentions that she is pregnant. 6. In the statement of the victim recorded under Section 183 B.N.S.S. also, she stated that she likes the applicant, the applicant has not committed any thing forcibly and she has made physical relations willingly due to which she got pregnant. 7. In the affidavit filed in support of the 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. 8. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that the informant has been apprised of the present bail application through police. He has further submitted that allegations have been established during investigation and a charge-sheet has been submitted on 29.03.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim that the applicant has not committed any misdeed against her will, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Dilshad be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 10.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench