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2025 DAILYLAW 134228 (ALL)

SHIVANSHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/3156/2025 · 2025-04-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21973 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3156 of 2025 Applicant :- Shivanshu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Arun Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Arun Singh Somvanshi, learned counsel for the applicant, Shri Ravi Srivastava, learned A.G.A. for the State, Shri Rahul Agnihotri, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.47 of 2025 under Sections 64(1)(M), 115(2), 351(2) of B.N.S. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Paliya, District- Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.02.2025 against the applicant, his father and uncle stating that the applicant repetitively made physical relations with the informant for the past two years under allurement of marrying her and thereafter he decline to marry her. A settlement was entered into between the parties on 15.05.2023 that the applicant would marry the informant when both of them attain majority. The informant had attained majority on 01.01.2025 but still the other side declined her marriage with the applicant. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 18 years and she reiterated the FIR version. 5. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of the medico-legal examination report of the victim that mentions no mark of injury or sign of use of force. The radio-logical examination age of the victim has been opined to be 18 years. It has been stated in the supplementary affidavit that the applicant is aged 22 years. 6. 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 21.03.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant herself states that she has been making physical relations with the applicant for the past two years and the applicant is also a young man, who was not of marriageable age at the time of initiation of the relationship; that there is no material available before the Court which may indicate that the intention of the applicant since inception was to deceive the informant and that there is no use of force by the applicant coupled with the fact that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 14.02.2025 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant 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 :- 18.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench