AMIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/3549/2025 · 2025-04-28
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136513 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136513 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24055 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3549 of 2025 Applicant :- Amit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Anshuman Singh,Karan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Anshuman Singh, learned counsel for the applicant, Ms. Nikita Mishra, 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.014 of 2025, under Sections 64(1), 87 and 137(2) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Unchahar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.01.2025 stating that the applicant had enticed away the informant's daughter aged 14 years on
15.01.2025. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years having no criminal history and he has been falsely implicated in the present case. 5. The learned Additional Government Advocate has opposed the bail application and submitted that the information of the present applicant has been delivered to the informant through police. She has produced a copy of the relevant extract of the
case-diary for perusal of the Court. 6. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years; she knows the applicant for the past two years and she loves him; she herself had asked the applicant to take her with him; she has married the applicant in a temple and thereafter she has lived with him as his wife. 7. The medico-legal examination report of the victim mentions that no injury was seen at the time of examination. 8. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 9. The investigation already stands concluded and a charge- sheet has been submitted on 16.03.2025. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has not made any allegation against the applicant coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 28.01.2025, whereas the investigation already stands concluded, I am of the view that the applicant is entitled to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Amit Kumar 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