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2025 DAILYLAW 137638 (ALL)

RANGOLI @ SHOBHIT YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

BAIL/3858/2025 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26173 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3858 of 2025 Applicant :- Rangoli @ Shobhit Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Ashish Kumar Rastogi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ashish Kumar Rastogi, learned counsel for the applicant, Ms. Nikita Mishra, learned A.G.A. 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.463 of 2024 under Sections 137(2), 87, 65(1), 351(3) of B.N.S. & Section 5/6 of P.O.C.S.O. Act registered at Police Station- Lalganj, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.10.2024 stating that the applicant had enticed away the informant's daughter aged 16 years at about 04:00 PM on 20.10.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past three years and she used to talk to him through phone. The applicant had called her to Lalganj railway station on 20.10.2024 for marrying her. He took her to is sister's place but his sister stated that as the victim was minor, she could not be married and the applicant's sister asked him to drop her back. The victim stated that the applicant has committed the misdeed against her on several occasions. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. The radio-logical examination report reveals age of the victim to be 18 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has opposed the bail application and she has submitted that the victim is a minor, information of the present application has been delivered to her through police. She has further submitted that allegations have been established during investigation and a charge-sheet has been submitted on 27.11.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has stated her age to be 15 years, the radio-logical examination report reveals that she is a major; no sign of use of force was found in the medico-legal examination report of the victim; the victim had admitted that she was in a relationship with the applicant and she had gone with the applicant for marrying him and that the applicant is a young man having no criminal history and he is languishing in jail since 07.11.2024 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. 10. Accordingly, this bail application stands allowed. Let the applicant- Rangoli @ Shobhit Yadav 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 :- 6.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench