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2025 DAILYLAW 137524 (ALL)

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

BAIL/3752/2025 · 2025-05-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25370 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3752 of 2025 Applicant :- Mohd. Asif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ashutosh Kumar Singh, learned counsel for the applicant, Shri Abhishek Kumar Singh, learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.20 of 2025 under Sections 69, 77, 351(3) of B.N.S. registered at Police Station- Hussainganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.01.2025 alleging that the informant is residing at Lucknow for preparing for civil services. She came into contact with the applicant through social media on 23.06.2024 and a friendship had developed between them and thereafter the applicant proposed her to marry him and he talked to her family members also. The applicant took her to a hotel on 04.08.2024 and under allurement of marrying her, forcibly made physical relations with her. She further alleged that the applicant prepared photographs and videos of the applicant deceitfully but thereafter he declined to marry her. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she reiterated her previous version. 5. The victim declined to undergo medico-legal examination. 6. In the statement of the informant recorded under Section 183 B.N.S.S., she stated that she is aged 26 years and she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. Learned State Counsel has opposed the bail application and he has submitted that investigation of the present case is still pending. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a 26 years old mature lady who is preparing for civil service exams and she had made physical relations with the applicant without marriage; that there is no material to record a prima facie satisfaction that intention of the applicant since inception was to deceive the informant and that the applicant has no criminal history and he is languishing in jail since 06.03.2025, 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- Mohd. Asif be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 2.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench