DM @ DUMPI @ BRIJBHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/3359/2025 · 2025-04-22
Subhash Vidyarthi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 134893 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134893 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22569 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3359 of 2025 Applicant :- Dm @ Dumpi @ Brijbhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Saurabh Upadhyay,Abhishek Awasthi,Rajendra Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Saurabh Upadhyay, 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. 06 of 2025, under Sections 137(2), 87, 351(2), 65(1) B.N.S. I.P.C. and Section 5J(2)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jaitpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.01.2025 against the applicant and one Saroja stating that the applicant had enticed away her minor daughter at about 3.00 p.m. on 07.01.2025 with the assistance of co-accused person. 4. In her statement recorded under Section 180 BNSS the victim stated that she is in a relationship with the applicant for the past five years and she made relations with him and wants to live with him. She stated that she is six months pregnant. She further stated that her family members forcibly want to get her married to some other person. The victim declined to undergo medico legal examination and she stated before the doctor that
she has married the applicant and wants to live with him only. 5. In her statement recorded under Section 183 BNSS the victim has stated that she is aged about 18 years; she loves the applicant, she made relations with the applicant out of her own freewill and she has married the applicant and wants to live with him only. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
25.02.2024.
He has also submitted that the information of this application has been delivered to the informant/victim through police. He further informed the court that as per radiological examination report the age of the victim is between 17-18 years. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim where she has not levelled any allegation against the applicant; that the applicant is a young man having no previous criminal history and he is languishing in jail since 28.01.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-DM @ Dumpi @ Brijbhan 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 :- 22.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench