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2025 DAILYLAW 133426 (ALL)

NARENDRA KUMAR RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/3086/2025 · 2025-04-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20569 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3086 of 2025 Applicant :- Narendra Kumar Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Syed Kamil Hasan,Mohd. Karim,Vikas Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Syed Kamil Hasan, the learned counsel for the applicant, Sri Ravi Srivastava, 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.19 of 2025, under Sections 87, 108 B.N.S., registered at Police Station Mahmudabad, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.01.2025 under Section 87 BNSS stating that the applicant had enticed away the informant's sister aged about 19 years in the night of 20/21.01.2025. 4. In the statement of the informant recorded under Section 180 BNSS he stated that his elder brother's wife found a mobile phone in the house. The victim told the informant that the mobile phone to some one else. At about 9.30 p.m. when enquiries were made regarding the mobile phone in presence of all the family members strictly the informant's sister initially tried to avoid the question but thereafter she told that the applicant had given her the mobile phone. The mobile phone was thrown away in latrine. The informant's sister was tensed after this incident. The wife of his elder brother had seen her in mental stress and had asked her to sleep. In the morning the informant's sister was not there. The dead body of the informant's sister was found in a canal and the postmortem examination report conducted on 28.01.2025 mentions no mark of injury on the dead body and the cause of death has been opined to be asphyxia as a result of drowning. In the additional statement of the informant he stated that the deceased committed suicide because the applicant had declined to marry her. 5. In the affidavit filed in support of 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. 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 during investigation and a charge sheet for the offences under Sections 87, 108 B.N.S. was submitted on 16.03.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the statement of the informant, after the enquiries were made from the victim in presence of all the family members regarding mobile phone found in the home, she was tensed and she had gone out of home; that the informant himself stated that the mobile phone that was found in the house had been thrown away in the latrine and it could not be recovered; that the applicant has no previous criminal history and he is languishing in jail since 30.01.2025 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Narendra Kumar Rawat 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 :- 11.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench