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2025 DAILYLAW 134621 (ALL)

SHYAM BAHADUR v. STATE OF U.P. THRU. SECY.HOME DEPTT. LKO. AND 3 OTHERS

BAIL/3227/2025 · 2025-04-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21991 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3227 of 2025 Applicant :- Shyam Bahadur Opposite Party :- State Of U.P. Thru. Secy.Home Deptt. Lko. And 3 Others Counsel for Applicant :- Kailash Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kailash Nath Mishra, learned counsel for the applicant, Sri Ravi Srivastava, 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.09 of 2025, under Sections 137(2), 87, 64(2)M and 65(1) B.N.S., Section 5L/6 Protection of Children from Sexual Offences Act, 2012 and Section 3(2) (V) S.C./S.T. Act, registered at Police Station Kotwali Nagar, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.01.2025, stating that the applicant had enticed away the informant's daughter aged 15 years in the night of 12.01.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged about 18 years. She used to talk to the applicant and her family members used to beat her for this reason and, therefore, she had left her home for marrying the applicant about one week ago. She had gone to Hyderabad where she married the applicant. She categorically stated that the applicant did not use force against her and she had made relations with her own consent. 5. The victim declined to undergo medico-legal examination. As per educational record, her date of birth is 27.05.2010. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she loves the applicant since childhood. When a quarrel took place between her and her family members, she telephonically asked the applicant to take her away but the applicant declined and, therefore, she went out of her home on her own and she forcibly went behind the applicant. She categorically stated that the applicant was not at fault and he had asked to drop her back home but she herself had stated that she would not go back and commit suicide by consuming poison. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. The 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 08.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 21.01.2025, whereas the investigation already stands concluded, I am of the view that a case for enlargement of the applicant on bail in the aforesaid crime is made out. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Shyam Bahadur 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 :- 18.4.2025 MVS/ - Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench