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2025 DAILYLAW 135924 (ALL)

SURAJ v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO AND 3 OTHERS

BAIL/3465/2025 · 2025-04-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23510 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3465 of 2025 Applicant :- Suraj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko And 3 Others Counsel for Applicant :- Sachin Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sachin Pandey, learned counsel for the applicant, 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.33 of 2025, under Sections 137(2), 87, 64, 351(3) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jamo, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.02.2025 against (i) Mahesh and (ii) Vivek alleging that the named accused persons were pressurizing the informant to get her married to the applicant and when she did not agree they enticed away the informant's daughter. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 20 years, her mother had settled her marriage with the applicant and thereafter she started talking to the applicant. Subsequently, her mother resiled from the marriage proposal and thereafter they went away from home to Lucknow and she went to Ludhiana with the applicant. She stated that she has married the applicant in Sitapur Court on 22.02.2025. The victim declined to undergo medico legal examination and as per radiological examination report her age has been opined to be about 19 years. 5. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version and she stated that she has married the applicant in the Court. 6. In the affidavit filed in support of bail application it has been stated that the applicant is young man aged 23 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 she has submitted that the information of bail application has been delivered to the informant through police. She has further submitted that the allegations have been established during investigation and a charge sheet has been submitted on 26.03.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim wherein she has not stated anything adverse to the applicant; that the applicant is a young man aged 23 years having no previous criminal history and he is languishing in jail since 23.03.2025 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-Suraj 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 :- 24.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench