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2025 DAILYLAW 137468 (ALL)

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

BAIL/3646/2025 · 2025-04-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24695 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3646 of 2025 Applicant :- Niranjan Kushwaha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ravi Shankar Mishra,Abhijeet Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ravi Shankar Mishra, the learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate for the State and Sri Ankur Srivastava, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 105 of 2024, under Sections 363, 366, 376(2)(N) I.P.C. and Section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kandhai, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.04.2024 stating that the applicant had enticed away the informant's daughter aged about 16 years on 21.04.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C. the victim stated that her family members used to harass her due to which she had gone to Delhi about six months ago. There she met the applicant and she married him. She wants to live with the applicant. 5. The victim declined to undergo medico legal examination report but as per the medical examination her age has been opined to be about 18 years. 6. In the statement of the victim recorded under Section 164 Cr.P.C. also she stated that she has married the applicant and she denied any abuse by the applicant. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 23 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 he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 16.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements 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 24.01.2025 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-Niranjan Kushwaha 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