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2025 DAILYLAW 136091 (ALL)

ALOK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

BAIL/3541/2025 · 2025-04-28

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24017 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3541 of 2025 Applicant :- Alok Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Vivek Kumar Rai,Sachin Yadav,Shakti Kumar Mishra Counsel for Opposite Party :- G.A.,G.A,G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Kumar Rai, learned counsel for the applicant, Sri Diwakar Singh, 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.026 of 2025, under Sections 137(2), 87 and 65(1) B.N.S., Section 3/4 Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) S.C./S.T. Act, registered at Police Station Thakurganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.01.2025 stating that the informant's daughter aged 15 years had gone missing since 10 a.m. on 12.01.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she was living in the house of her maternal uncle for the past one and a half months; a loving relationship had developed between her and the applicant and both of them married each other in a temple; they went to Panipat, Haryana where she stayed with the applicant as his wife in a rented accommodation. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that her family members used to beat her and they were not agreeing for her marriage with the applicant and, therefore, she had gone away from her home; she went to Panipat where she met the applicant and married him. She categorically stated that no misdeed had been committed against her and as soon as her husband is released from jail, she would marry him. She has further stated that the applicant had not asked her to leave her home. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 18 years, having no criminal history, and he has been languishing in jail since 07.02.2025. 7. The learned Additional Government Advocate has opposed the bail application and submitted that the information of the present application has been delivered to the informant through police. He has further submitted that the allegations have been established during investigation and a charge-sheet has been filed on 04.03.2025. 8. The learned Additional Government Advocate has produced a copy of the relevant extract of the case-diary for perusal of the Court which indicates that medico-legal examination report of the victim mentions no mark of injury or sign of use of force and the findings of the pathological examination report also do not support the allegation of commission of any misdeed. 9. Radiological examination of the victim has not been conducted to ascertain her age. However, as per educational certificate, the date of birth of the victim is 17.03.2010. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation of commission of any misdeed by the applicant; the applicant is a young man aged 18 years having no criminal history and he is languishing in jail since 07.02.2025, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Alok 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 :- 28.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench