AMAR TIWARI @ BABLU @ SAMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
BAIL/3489/2025 · 2025-04-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135953 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23698 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3489 of 2025 Applicant :- Amar Tiwari @ Bablu @ Samar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of 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, Sri Ravi 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.323 of 2024, under Sections 137(2), 87, 64 B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Baldirai, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.12.2024 stating that the informant's daughter aged 17 years had gone away from her home on 11.12.2024, but she did not come back. Upon making enquiries it came to light that she had gone with the applicant. 4. In the statements of the victim recorded under Section 180 BNSS as well as under Section 183 BNSS she stated that she is aged about 18 years, she knows the applicant since long, she loves the applicant, she is related to him, she had gone with the applicant to Delhi and she has married him, she lived with the applicant for one and half
months and she became pregnant. 5. The victim declined to undergo internal medical examination. As per radiological examination report her age is about 18 years. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 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 he has submitted that the information of the application has been delivered to the informant through police and the investigation is still going on. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim recorded by the Investigating Officer as well as by the Magistrate, where in she has not levelled any allegation against the applicant; that the applicant is a young man aged 19 years having no previous criminal history and he is languishing in jail since 25.03.2025 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-Amar Tiwari @ Bablu @ Samar 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