SURAJ CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
BAIL/3935/2025 · 2025-05-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138930 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138930 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26606 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3935 of 2025 Applicant :- Suraj Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Nijam Ahamad, learned counsel for the applicant, Shri Diwakar Singh, learned A.G.A. 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.40 of 2025 under Sections 115(2), 333, 64(1), 351(3) of B.N.S. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Malipur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.03.2025 stating that the applicant had entered the informant's house in the night of 19.03.2025 and molested his daughter. Upon hearing the voice, the informant and his wife woke up and went inside whereupon the applicant beaten up causing injury in a finger of the informant's left hand. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, she knows the applicant for the past one year and she herself called the applicant to his home while all the accused persons were sleeping. She did not know that her mother was awake and as soon as she opened the door and the applicant came there, her parents started beating him and the applicant ran away. 5. The medico-legal examination report of the victim mentions an abrasion with contusion of 2.5 cm X 0.6 cm on left side of face. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she loves the applicant and wants to
marry him. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has opposed the bail application and he has submitted that the victim is a minor, information of the present application has been delivered to her through police. He has further submitted that allegations have been established during investigation and a charge-sheet has been submitted on
09.04.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has stated she loves the applicant and she herself called the applicant and that her parents had beaten up the applicant coupled with the fact that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 25.03.2025 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.
10. Accordingly, this bail application stands allowed. Let the applicant- Suraj Chauhan 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 :- 7.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench