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2025 DAILYLAW 134074 (ALL)

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

BAIL/3212/2025 · 2025-04-17

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21617 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3212 of 2025 Applicant :- Kavi Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. And 3 Others Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Amit Kumar, learned counsel for the applicant, Shri Diwaker Singh, 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.456 of 2024 under Sections 137(2), 87, 65(1) B.N.S. & 5g/6 of P.O.C.S.O. Act registered at Police Station- Phoolbehad, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.10.2024 against three persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 15 years on 12.10.2024. 4. The victim herself had given an application to the police stating that she had gone with the applicant out of her own free will and nobody had enticed her away. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that her mother had beaten her and, therefore, she had left away. She categorically stated that no misdeed had been committed against her. 6. The victim gave a similar statement to the Doctor at the time of her medico-legal examination and the medico-legal examination report mentions no mark of injury or sign of use of force. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she loves the applicant and she has gone to Delhi where the applicant made physical relations with her consent. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years, who he has been falsely implicated in the present case and he has no criminal history. 9. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 03.02.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim had herself given an application to the police stating that she had gone away out of her own free will and that she did not level any allegation of commission of misdeed by the applicant in her application or in her statements and that the applicant is a young man having no criminal history, he is languishing in jail since 02.02.2025 whereas the investigation already stands concluded, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Kavi Kumar 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 :- 17.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench