PRINSHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
BAIL/3762/2025 · 2025-05-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137503 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137503 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25671 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3762 of 2025 Applicant :- Prinshu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Shanker Lal Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shanker Lal Pandey, learned counsel for the applicant, Sri Ashok 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.0239 of 2024, Special Sessions Trial No.103/2025, under Sections 137(2), 87 and 64 B.N.S. and Section 3/4 POCSO Act, registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.08.2024 alleging that the informant's daughter aged 16 years had gone out on the pretext of going to college on 21.07.2024 and she went away with someone. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 19 years, her father had died five years ago; her mother used to curse her always and to ask her to leave her home and, therefore, she had gone away to Mumbai. She tried to search for a job but having failed in it, she came back. 5. Before the doctor, who conducted her medico-legal examination, she stated that she loves the applicant for the past
one year. The applicant did not want to take her but she forcibly boarded the train by threatening to commit suicide. She stated that she has stayed with the applicant for six days and had physical relations with him out of her own free-will. 6. The medico-legal examination report mentions no mark of injury or sign of use of force. 7. The pathological examination report mentions no spermatozoa in the examined smear. 8. The radiological examination report mentions the relevant bones have got fused, which indicates that the victim is major. 9. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she had left her home due to scolding by her mother and she had forcibly went with the applicant although the applicant was not willing to take her with him. 10.
In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 24 years having no criminal history and he has been falsely implicated in the present case. 11. The learned Additional Government Advocate has opposed the bail application and he has submitted that 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 submitted on 12.11.2024. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the 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 criminal history, he has been languishing in jail since
04.11.2024, 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. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Prinshu 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 :- 2.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench