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2025 DAILYLAW 135264 (ALL)

BADSHAH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/3388/2025 · 2025-04-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22783 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3388 of 2025 Applicant :- Badshah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Yadav, learned counsel for the applicant as well as Ms. Shikha Sinha, 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.019 of 2025, under Sections 137(2), 87 and 65(1) B.N.S. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, 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 21.01.2025 stating that the applicant had enticed away the informant's daughter aged 14 years at about 4 a.m. on 20.01.2025. 4. In the statement of the victim recorded under Section 180 B.N.S., she stated that she used to talk to the applicant for the past two months and on his asking she had gone away with him. The applicant was taking her to Puna but she returned from half way. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she used to talk to the applicant for the past one year and whenever her family members got to know about it, they used to beat her. For this reason, she had gone away with the applicant. Prior reaching to Puna, when they reached Jhansi, the family members of the applicant made a phone call and informed about the FIR whereupon both of them came back. She stated that she loves the applicant. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young person aged 26 years, having no criminal history and he has been falsely implicated in the present case. 7. The learned Additional Government Advocate, on the basis of instructions, has submitted that the information of the present application has been given to the informant through police. She has produced the relevant extract of the case-diary before this Court which indicates that the medico-legal examination of the victim does not mention any mark of injury or sign of use of force. Radiological examination of the victim was not conducted to ascertain her age, however, as per educational record, the date of birth of the victim is 10.06.2009. Learned Additional Government Advocate has further stated that the allegations have been established during investigation and a charge-sheet has been submitted on 13.03.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young person 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 the applicant is entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Badshah 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 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench