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2025 DAILYLAW 134214 (ALL)

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

BAIL/3161/2025 · 2025-04-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21277 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3161 of 2025 Applicant :- Brijesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Santosh Kumar Srivastava, learned counsel for the applicant, Shri Satendra Srivastava, 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.195 of 2024 under Sections 363, 366, 376 I.P.C. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Bheeti, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.07.2024 stating that the applicant had enticed away the informant's daughter aged 17 years on 28.06.2024 and his daughter had taken away Rs.20,000/- cash and some jewellery with her. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 18 years, she knows the applicant for the past five years, she had gone with him to Mumbai and lived there with the applicant and made physical relations with him. When she received a call from the applicant's father, she came back. She stated that she wants to live with the applicant only and she would marry him. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The radio-logical examination report discloses the age of the victim to be between 17 to 18 years. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she reiterated the F.I.R. version. However, she stated that now she wants to go with her parents. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has 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 04.01.2025 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent stand of the victim wherein she did not alleged any misdeed committed by the applicant coupled with the fact that applicant is a young man having no criminal history and he is languishing in jail since 23.12.2024 whereas the investigation 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Brijesh 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 :- 16.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench