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2025 DAILYLAW 136779 (ALL)

MOHD. NAVED v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/3545/2025 · 2025-04-28

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24036 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3545 of 2025 Applicant :- Mohd. Naved Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Viksit Srivastava,Yojana Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Viksit Srivastava, learned counsel for the applicant, Sri Satyendra 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.0256 of 2024, under Sections 64, 352 and 351(2) B.N.S., registered at Police Station Wazeerganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.08.2024 against the applicant, his sister- Roma alias Tanzeem Rizvi Kausar and brother Anas Rizvi, stating that the informant is aged 29 years; she developed friendship with the applicant in the year 2016 through face- book; the applicant had called her to the medical college in November, 2023; he took her to a guest-house, and under allurement of marrying her, committed the misdeed against her and thereafter the applicant has repetitively made physical relations with her by taking her to a hotel and thereafter the applicant has declined to marry her. The informant stated that the applicant's brother and sister threatened the informant and stated that she is mad. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 29 years having no criminal history and he has been falsely implicated in the present case. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated her earlier version. 6. The informant declined to undergo external as well as internal medico-legal examination. 7. In the statement of the informant recorded under Section 183 B.N.S.S., she reiterated her previous version. 8. The investigation already stands concluded and charge-sheet had been submitted on 17.10.2024 against co-accused persons and charge-sheet against the applicant had been submitted on 26.02.2025. 9. The learned Additional Government Advocate has opposed the bail application and submitted that the applicant has not cooperated during investigation and non-bailable warrants were issued against him. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a mature lady aged 29 years and she was in relationship with the applicant since 2016; as per the FIR version the applicant repetitively called the informant to a guest-house since November, 2023 and made physical relations with her under allurement of marrying her; the informant being matured enough to understand the repercussions; the informant has declined to undergo medico-legal examination; the applicant is a young man having no criminal history and he is languishing in jail since 25.02.2025 and there is nothing on record which may, prima facie, show intention of the applicant since inception to deceive the informant, 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- Mohd. Naved 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