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2025 DAILYLAW 136799 (ALL)

BRIJESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/3539/2025 · 2025-04-28

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24015 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3539 of 2025 Applicant :- Brijesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Atul Kumar Yadav,Anoop Vajpayee Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Atul Kumar Yadav, 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.040 of 2025, under Sections 65(1) B.N.S. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Baskhari, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.02.2025, stating that the applicant has been physically exploiting the informant's daughter aged 16 years for the past one year; he takes away often and drops her back. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is in love with the applicant for the past one year and she has made physical relations with the applicant. 5. The victim declined to undergo medico-legal examination and even the ossification test has not been conducted to ascertain her age. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she had gone away on her own alone as her mother had scolded her. When her mother made a phone- call, she came back. She stated that she does not know the applicant. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 8. The learned Additional Government Advocate has opposed the bail application and submitted that the information of the present application has been given 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 23.03.2025 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim where she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man having no criminal history and he has been languishing in jail since 24.02.2025, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Brijesh 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