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2025 DAILYLAW 134042 (ALL)

ASHISH KUMAR v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/3137/2025 · 2025-04-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21029 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3137 of 2025 Applicant :- Ashish Kumar Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Dharmendra Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar Trivedi, learned counsel for the applicant, Sri Amrish Verma, 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.0452 of 2024, under Sections 137, 87 and 65(1) B.N.S. and Section 5/6 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 15.12.2024, stating that the applicant had enticed away the informant's minor daughter aged about 14 years on 11.12.2024. The applicant's uncle handed over the informant's daughter back at about 11 p.m. on 14.12.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 15 years; she had met the applicant in a marriage ceremony; both of them had started talking each other and liking each other. The applicant had taken her to his home Unchahar where she stayed as his wife for two days. The applicant's uncle said that the victim is minor and, accordingly, she should go to her parents. 5. Medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The pathological examination report's findings do not evidence commission of sexual intercourse. 6. In the statement recorded under Section 183 B.N.S.S., the victim reiterated her earlier version. She also stated that the applicant had taken her to a temple at Raebareli on 14.12.2024 and applied vermilion on her head. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. The learned Additional Government Advocate has opposed the bail application. He has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 11.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in none of the statements the victim has levelled commission of any misdeed by the applicant; the investigation already stands concluded; the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 03.01.2025, I am of the view that a case for enlargement of the applicant on bail is made out. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ashish 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 :- 15.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench