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2025 DAILYLAW 138559 (ALL)

VIKAS NISHAD v. STATE OF U.P. THRU. PRINCIPAL SECY. HOME LKO AND 3 OTHERS

BAIL/4252/2025 · 2025-05-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29111 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4252 of 2025 Applicant :- Vikas Nishad Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko And 3 Others Counsel for Applicant :- Sheo Prakash Singh,Pradeep Rai,Vishnu Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sheo Prakash Singh, the learned counsel for the applicant, Sri Anurag Verma, the learned AGA-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. 387/2023, under Sections 363, 366, 376 of IPC and 5/6 POCSO Act, Police Station Dalmau, District Raibareli. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.12.2023 against three persons, including the applicant, stating that all the accused persons had enticed away the informant's daughter aged 17 years on 23.12.2023. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she knows the applicant for the past five years and she used to talk to him; that her family members came to know about it. Her father had beaten her up due to which she had called the applicant and went with him to Gujarat. She married the applicant in a temple and started living with him as his wife. 5. Medico legal examination report of the victim mentions no mark of injury or sign of use of force. The radiological examination report has opined the age of the victim to be between 17 to 18 years. 6. In the statement of the victim recorded under Section 164 Cr.P.C., the victim stated that she is aged 18 years and she reiterated her earlier version. 7. 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. 8. The learned AGA 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 further submitted that the allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 24.04.2024. 9. Having considered the aforesaid facts and circumstances of the case, 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-Vikas Nishad 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. Order Date :- 16.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench