ANISH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/3949/2025 · 2025-05-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138959 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138959 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26656 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3949 of 2025 Applicant :- Anish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Alok Srivastava, 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. 31 of 2025, under Sections 137 (2), 87, 64 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Panchpendwa, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.02.2025 against two persons, including the applicant stating that the informant's daughter aged about 17 years had gone out of her home at 04.00 Hrs. on 14.02.2025 and she did not come back. The informant came to know that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 18 years, she loves the applicant who lives at Mumbai and she had herself gone to Mumbai, where she met the applicant and stayed with him for five days. She stated that she has married the applicant and has stayed with him as his wife. 5. The victim declined to undergo medico legal examination stating that no misdeed has been committed against her. 6. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for and he has submitted that the victim is a minor. The information of the application has been given to the informant through police and the allegations have been established during investigation and a charge sheet has been submitted on 12.04.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant; that the applicant is a young man having no previous criminal history and he is languishing in jail since 18.03.2025 and the investigation already stands concluded and without making any observation, which may affect the merits 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-Anish 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 :- 7.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench