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2025 DAILYLAW 138083 (ALL)

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

BAIL/3812/2025 · 2025-05-05

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25750 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3812 of 2025 Applicant :- Sumit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Jay Kumar Soni Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jay Kumar Soni, learned counsel for the applicant, Sri Arvind Kumar Pandey, 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.0007 of 2025, under Sections 87, 137(2) and 65(1) B.N.S. and Section 3/4 POCSO Act, registered at Police Station Jaidpur, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.01.2025 against the applicant, his brother and father, stating that the applicant had enticed away the informant's grand daughter aged about 14 years at 8 a.m. on 31.12.2024. 4. In the statements of the victim recorded under Section 180 B.N.S.S. as well as in her statement recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past one year, she used to talk to him but her family members used to forbid her for doing so and they threatened to beat her. For this reason, she had gone with the applicant out of her own free- will and she has married him. She came back upon coming to know about lodging of the FIR. 5. The medico legal examination report of the victim discloses no mark of injury or sign of use of force. 6. The findings of the pathological examination report do not contain anything, which may be adverse to the applicant. 7. As per radiological examination report, age of the victim has been opined to be 15 years. 8. As per educational certificate, date of birth of the victim is 26.03.2011. 9. 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. 10. The learned Additional Government Advocate has opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He has further submitted that allegations have been established during investigation and a charge-sheet has been filed on 18.03.2025. He has further submitted that it is mentioned in the recovery memo that age of the applicant is 19 years. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not made any allegation against the applicant; that the applicant is a young man having no criminal history and he is languishing in jail since 12.01.2025, 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Sumit 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 :- 5.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench