DEEPU RAIDAS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS
BAIL/3864/2025 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138525 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26196 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3864 of 2025 Applicant :- Deepu Raidas Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pramod Kumar Verma, learned counsel for the applicant, Sri Anant Pratap Singh, 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.0033 of 2025, under Sections 137(2), 87 and 65(1) B.N.S. and Section 5/6 POCSO Act, registered at Police Station Dhanpatganj, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.02.2025 alleging that the applicant had enticed away the informant's daughter aged 15 years at about 7 p.m. on 28.01.2025 and she had taken away Rs.10,000/- with her. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years having no criminal history and he has been falsely implicated in the present case. 5. A supplementary affidavit has been filed on behalf of the applicant annexing therewith the materials collected during investigation. 6. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone away with the applicant out of her own free-will and she stayed with him as his wife. 7. The medico-legal examination report of the victim reveals no mark of injury or sign of use of force. 8. In the radiological examination the age of the victim has been opined to be 15 years. 9. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she stayed at the applicant's house for two weeks and she wanted to marry him. She further stated that the applicant had forcibly taken her away. 10. 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 submitted that the victim is minor, during investigation the allegations have been and a charge-sheet has been filed on 22.03.2025. 11.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim had gone away from her home on 28.01.2025, whereas the FIR had been lodged on 12.02.2025; that in her statements the victim has stated that she had gone away with the applicant out of her own free-will; that although the victim subsequently stated that the applicant had forcibly taken her away, the medico legal examination report mentions no sign of use of force; that the applicant is a young man aged 21 years having no previous criminal history and he is languishing in jail since 18.03.2025, 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- Deepu Raidas 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