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2025 DAILYLAW 135026 (ALL)

VISHAL @ MAHAJAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/3297/2025 · 2025-04-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22272 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3297 of 2025 Applicant :- Vishal @ Mahajan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Manoj Kumari Tiwari,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sumit Kumar Srivastava, learned counsel for the applicant, Sri Ashok 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.0412 of 2023, under Sections 366, 368, 376, 504 and 506 I.P.C., registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.09.2023 against the applicant, his father, mother and three other family members and relatives on the basis of an application under Section 156(3) CrPC, stating that the applicant had enticed away the informant's daughter aged about 16-17 years at about 4 a.m. on 20.06.2023 with the assistance of other accused persons. 4. In the statement of the victim recorded under Section 161 CrPC, she stated that she is aged 22 years. The applicant had forcibly taken her to Sahibabad and thereafter to Ghaziabad where he forcibly married her in Arya Samaj Mandir as well as in Court. A similar statement was given by the victim under Section 164 CrPC also. 5. The medico-legal examination of the victim has not been conducted. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 24 years having no criminal history and has been falsely implicated in the present case. 7. It has further been stated in the affidavit that the applicant married the victim in Arya Samaj, Old Vijaynagar, Ghaziabad on 21.06.2023. Marriage of the parties has been registered in the office of Marriage Registration Officer, Ghaziabad on 21.06.2023. In the marriage certificate, the date of birth of the victim has been written as 03.03.2001 and age as 22 years. 8. The learned Additional Government Advocate has opposed the bail application and submitted that allegations have been established during investigation and a charge-sheet has been submitted against the applicant on 20.09.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant and the victim both are aged 22 years; marriage has been solemnized between the applicant and the victim and the same has been registered also before the Marriage Registration Officer; the applicant has no criminal history and he is languishing in jail since 15.09.2024, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Vishal @ Mahajan 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 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench