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2025 DAILYLAW 134853 (ALL)

SANDEEP PASWAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

BAIL/3296/2025 · 2025-04-21

Subhash Vidyarthi

body2025

Judgment text

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Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3296 of 2025 Applicant :- Sandeep Paswan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Prashant Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prashant Vikram Singh, learned counsel for the applicant, Sri Arvind Kumar Pandey, 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. 29 of 2025, under Sections 137(2), 87 and 64(1) B.N.S. and Sections 5 & 6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Ibrahimpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.02.2025 stating that the applicant had enticed away the informant's daughter aged 15 years on 14.02.2025. 4. In the statement of the victim recorded under Section 180 BNSS as well as in her statement under Section 183 BNSS she stated that she is aged 18 years, she has gone with the applicant out of her own freewill and she has married him in a temple on 19.02.2025. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations against the applicant have been established during investigation and a charge sheet has been submitted on 20.03.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of victim wherein she has not levelled any allegation against the applicant; that the applicant has no previous criminal history and he is languishing in jail since 22.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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-Sandeep Paswan 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 :- 21.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench