DILIP v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS
BAIL/3385/2025 · 2025-04-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135149 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135149 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22699 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3385 of 2025 Applicant :- Dilip Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Sudhir Kumar Rai, learned counsel for the applicant, Shri Akhilesh Kumar Vyas, learned A.G.A.-I 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.31 of 2025 under Sections 64, 87, 137(2), 352 of B.N.S. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Soharamau, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.03.2025 at about 20:20 hours stating that the applicant had enticed away the informant's minor daughter. 4. The recovery memo mentions that on the basis of an information received from a Mukhbir, the victim was recovered standing on Bani Pul on 01.03.2025 itself. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that her mother had beaten her up due to which she had gone to Lucknow. Upon coming to know about lodging of the F.I.R., she came back. She stated that no misdeed was committed against her. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she is aged 17 years, she loves the applicant for the past one year and she has made physical relations with the applicant out of her own free will. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. Learned A.G.A.-I has vehemently opposed the bail
application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 28.03.2025
9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the victim wherein she has not levelled any allegation of commission of misdeed against the applicant and that the applicant has no criminal history and he is languishing in jail since 06.03.2025 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 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. . [Subhash Vidyarthi, J.] Order Date :- 22.4.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench