AMAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/3180/2025 · 2025-04-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134285 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134285 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21319 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3180 of 2025 Applicant :- Aman Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vipin Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vipin Kumar Mishra, learned counsel for the applicant, Sri Anand Pratap Singh, 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.018 of 2025, under Sections 87 and 69 B.N.S., registered at Police Station Khodare, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.01.2025 stating that some unknown person had enticed away the informant's daughter aged 18 years at about 4 p.m. on 21.01.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S. on 10.02.2025, she stated that she is aged 19 years, she used to talk to the applicant for the past four years; upon coming to know it, her family members had scolded her and, therefore, she had gone to Lucknow on 21.01.2025 where the applicant met her and then both of them went to Palia. 5. The victim declined to undergo internal medico-legal examination and her external examination revealed no mark of injury or sing of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S. also, she stated that she knows the applicant for the past four years and that she had left her home having become angry from her parents. However, she stated that the family members of the applicant forcibly got them married in Court. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and he has been falsely implicated in the present case. 8. Learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 21.02.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has consistently stated that she knows the applicant for the past several years; that in both her statements, she stated that she had left her home on her own willingly and in her subsequent statement, she stated that the applicant's family members have got her married to the applicant forcibly and that the applicant is a young man having no criminal history, he is languishing in jail since 12.02.2025, whereas the investigation already stands concluded, I am of the view that a case for bail is made out. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Aman 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 :- 16.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench