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2025 DAILYLAW 135850 (ALL)

PRAMOD KUMAR LODHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

BAIL/3490/2025 · 2025-04-25

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23699 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3490 of 2025 Applicant :- Pramod Kumar Lodhi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Dixit,Badrus Sahar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Badrus Sahar, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-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.320 of 2024, under Sections 137(2)/65(1)/87 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Malihabad, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.10.2024 stating that the applicant had enticed away the informant's minor daughter on 02.10.2024. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she had gone away from her home alone and stayed in the house of her friend. Later on the applicant came there and took her with him for seven days under the allurement of marring her and committed the misdeed also and thereafter she came back home. She stated that she has married the applicant about three months ago. 5. The victim declined to undergo the medico legal examination. In the statement of the victim recorded under Section 183 BNSS she stated that she had gone to her friend's home on 02.10.2024. The applicant made a phone call 5-6 days thereafter and called her for getting married, whereupon she stated that she is already got married to the applicant. She has stated that the applicant had committed the misdeed against her. 6. In the affidavit filed in support of 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. 7. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has submitted that the information of this application has been delivered to the informant by police. He has further submitted that the allegations have been established during investigation and a charge sheet has been submitted on 24.10.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has declined the medico legal examination and she has state that she has married the applicant; that the applicant has no previous criminal history and he is languishing in jail since 09.10.2024 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-Pramod Kumar Lodhi 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 :- 25.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench