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2025 DAILYLAW 137650 (ALL)

SHERU SHEIKH v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/3730/2025 · 2025-05-02

Subhash Vidyarthi

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25330 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3730 of 2025 Applicant :- Sheru Sheikh Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Anand Kumar Srivastava, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I 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.64 of 2025 under Sections 137(2), 87, 64(2), 65(1) of B.N.S. & Section 5L/6 of P.O.C.S.O. Act registered at Police Station- Kotwali Nagar, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.03.2025 alleging that the applicant had enticed away the informant's daughter aged about 14 years at about 10:30 PM on 15.03.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 18 years, she had been talking to the applicant for the past one year and he had enticed her away for marrying her to his home at Dalpatpur where she stayed for two days. The applicant took her to his aunt's place at Bahraich where she stayed for three days. Upon coming to know about lodging of the FIR, she came back. 5. The victim gave a similar statement before the Doctor during her medico-legal examination. Her medico-legal examination report reveals no mark of injury or sign of use of force. 6. The radio-logical examination of the victim was not conducted for ascertaining her age. As per the educational certificates of the victim, her date of birth is 04.10.2012. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past one year. The applicant had given her a mobile phone and a sim. She used to love the applicant. However, she alleged that the applicant's friend Chhotu had entered her house on the date of the incident after scaling the parapet and he had forcibly taken her away to the applicant's hoe. She alleged that the applicant made physical relations against her wishes. 8. 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. 9. Learned A.G.A.-I has opposed the bail application and on the basis of written instructions, he has submitted that information of the present application has been delivered to the complainant/victim and the investigation is still pending. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has admitted to have been in a relationship with the applicant for the past one year and to have gone with him and stayed in the house of the applicant and in the house of his aunt; although the victim has alleged use of force against her, this allegation is not supported by the findings of the medico-legal examination report and that the applicant is a young man having no criminal history and he is languishing in jail since 25.03.2025, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Sheru Sheikh 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