Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 137454 (ALL)

AJAY @ BULLU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/3652/2025 · 2025-04-30

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:24731 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3652 of 2025 Applicant :- Ajay @ Bullu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- D.P. Dutt Tiwari,Deepika Gupta,Manas Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri D.P. Dutt Tiwari, 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. 30 of 2025, under Sections 137(2), 87, 85(1) B.N.S. and Section 3/4 (2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Biswan, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.01.2025 against three persons including the applicant, his mother and brother in law stating that the applicant had enticed away the informant's daughter aged about 18 years on 08.01.2025. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 18 years. She loves the applicant and her family members know about it. They were planning to get her married with some other person and they did not agree for her marriage with the applicant and, therefore, she had gone away from her home with the applicant and she stayed with him as his wife. 5. The victim declined to undergo medico legal examination. However, as per radiological examination report her age has been opined to be 14 years and 7 months. 6. In the statement of the victim recorded under Section 183 BNSS she reiterated her previous version and she categorically stated that she will stay with her parents till she attains the majority and she will marry the applicant upon attaining majority as she loves the applicant only. She further stated that her family members should not restrain her from talking to the applicant and in case something happens to the applicant her family members will be responsible. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 14.02.2025. It has also been submitted by the learned A.G.A. that the information of present application has been delivered to the informant/victim through police. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 07.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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-Ajay @ Bullu 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 :- 30.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench