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2025 DAILYLAW 134539 (ALL)

AKHILESH SINGH v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

BAIL/3206/2025 · 2025-04-17

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21776 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3206 of 2025 Applicant :- Akhilesh Singh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Raja Pratap Singh,Ashutosh Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri ,Ashutosh Mishra, 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.85 of 2025 under Sections 137(2), 87, 65(1) of B.N.S. and Section 5/6 of P.O.C.S.O. Act registered at Police Station- Kotwali Dehat, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.03.2025 against the applicant and Amit, stating that both the accused persons had enticed away the informant's daughter aged 16 years, on 03.03.2025. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 18 years, who has been falsely implicated in the present case and he has no criminal history. 5. Learned A.G.A. has opposed the bail application and he has produced the relevant extract of case diary for perusal of the court which discloses that in the statement of the victim recorded under Section 180 B.N.S.S., she has stated that she is aged 17 years. While she was coming from Pratapgarh to Sakarsi, the applicant caught her on the way, he took her to a jungle and committed misdeed against her. She stated that the applicant said that he would marry her. In response to a specific questions, the victim stated that she knows the applciant since before and he is distantly related to her. She stated that she lives in a room in Pratapgarh which was arranged by the applicant. 6. The medico-legal examination report of the victim 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 had gone away with the applicant to Pratapgarh where she stayed in a room for eight days. The applicant had arranged the money and the room. She had gone with the applicant out of her own free will and the applicant did not use force. She stated that she wants to marry the applicant. 8. Having considered the aforesaid statements of the victim and keeping in view the fact that the applicant is a young man aged 18 years having no criminal history and he is languishing in jail since 13.03.2025, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Akhilesh Singh 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