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2025 DAILYLAW 139005 (ALL)

SHIVAM v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

BAIL/3929/2025 · 2025-05-07

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26750 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3929 of 2025 Applicant :- Shivam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Anamika Singh,Supriya Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Supriya Tiwari, learned counsel for the applicant, Shri Jayant Singh Tomar, 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.409 of 2025 under Sections 137(2), 87, 64 of B.N.S. & Section 5/6 of P.O.C.S.O. Act registered at Police Station- Akhand Nagar, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.12.2024 stating that the applicant had enticed away the informant's daughter aged 14 years on 17.12.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 15 years, she was in a relationship with the applicant for the past two years due to which her family members were harassing and threatening her. As they had scolded her, she had gone to the applicant at Ambedkar Nagar. Upon coming to know about the FIR, she came back. She categorically stated that she does not want to go with her parents. She had married the applicant in January and living her life happily. 5. She declined to undergo medico-legal examination and even her radio-logical examination was not conducted to ascertain her age. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 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 17.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant has no criminal history and he is languishing in jail since 05.03.2025 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. 11. Let the applicant- Shivam 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