VISHAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. GOVT. SECTT. LKO AND 3OTHERS
BAIL/3860/2025 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138476 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138476 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26172 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3860 of 2025 Applicant :- Vishal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Sectt. Lko And 3others Counsel for Applicant :- Pravin Kumar Verma,Bhola Singh Patel Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pravin Kumar Verma, learned counsel for the applicant, Ms. Nikita Mishra, 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.053 of 2025, under Sections 87, 137(2), 64(2)F and 65(1) B.N.S. and Section 5n/6 POCSO Act, registered at Police Station Loni Katra, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.02.2025 against the applicant and his father- Jitendra, stating that the applicant had enticed away the informant's daughter aged 14 years in the night of 10.02.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, she was talking to the applicant on 10.02.2025, her family members saw it and they had beaten her up due to which she had gone away from her home and went to the applicant's home as she wanted to marry him. 5. The medico legal report of the victim reveals no mark of injury or sign of use of force and her age has been opined to be about 18 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged that the applicant had taken her to his home and had raped her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case. 8. The learned Additional Government Advocate has submitted that the information of the present application has been given to the informant through police. He has opposed the bail application and has submitted that the allegations have been established during investigation and a charge-sheet has been filed on 20.02.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the the statement of the victim recorded under Section 180 B.N.S.S. wherein she has not levelled any allegation against the applicant; that although the victim has alleged use of force in her statement recorded under Section 183 B.N.S.S., the findings of the medico legal examination report do not support this allegation; that the applicant is a young man having no previous criminal history and he is languishing in jail since 14.02.2025, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Vishal 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 :- 6.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench