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2025 DAILYLAW 136012 (ALL)

AMAN NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3449/2025 · 2025-04-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23371 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3449 of 2025 Applicant :- Aman Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Subhash Chandra Yadav, learned counsel for the applicant, Shri Anil Kumar Pandey, learned A.G.A. 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.21 of 2025 under Sections 69, 351(2), 351(3), 352 of B.N.S. registered at Police Station- Gosaiganj, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.01.2025 against the applicant, his father and mother, stating that the applicant had entangled the informant in a love affair about one year ago and under allurement of marrying her, he raped her. When the informant's parents talked to the applicant's parents for her marriage with the applicant, they agreed to get them married in Court on 15.02.2025 but thereafter they did not fulfill this commitment. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 5. In the statements of the victim recorded under Section 180 and 183 B.N.S.S., she reiterated the F.I.R. version. 6. The findings of the medico-legal examination report contains nothing significant. 7. Learned A.G.A. as well as the learned counsel for the informant have vehemently opposed the bail application and they have submitted that allegations have been established during investigation and a charge-sheet has been submitted on 13.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no material from which it can be prima facie inferred that the intention of the applicant since inception was to deceive the informant and that the applicant is a young man having no criminal history and he is languishing in jail since 18.01.2025 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. 9. Accordingly, this bail application stands allowed. 9. Accordingly, this bail application stands allowed. 10. 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 :- 24.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench