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2025 DAILYLAW 134608 (ALL)

ROHIT v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 4 OTHERS

BAIL/3270/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3270 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vivek Chandra, the learned counsel for the applicant, Shri Ashok Kumar Srivastava, the 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.386 of 2024 under Sections 137(2), 87 of B.N.S., Section 16/17 of P.O.C.S.O. Act registered at Police Station- Bisawan, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.08.2024 stating that the applicant had enticed away the informant's daughter aged 15 years with the assistance of other accused persons. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past two years, she wants to marry him and she had gone with him out of her own free will. A similar statement has been given before the Magistrate also wherein she categorically stated that the applicant has not used any force and she wants to marry the applicant. 5. The victim declined to undergo medico-legal examination. The radio-logical examination report reveals the age of the victim to be 15 years 5 months. 6. Learned AGA has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid statements of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 20.12.2024 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. Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Rohit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 4 Others .....Opposite Party(s) 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Rohit 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, unless his/her appearance exempted by the trial Court. August 27, 2025 -Amit K- BAIL No. 3270 of 2025 2 Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench