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2025 DAILYLAW 139017 (ALL)

BABLU RAJPOOT v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. HOME LKO. AND 4 OTHERS

BAIL/4037/2025 · 2025-05-09

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27333 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4037 of 2025 Applicant :- Bablu Rajpoot Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Home Lko. And 4 Others Counsel for Applicant :- Ankit Tripathi,Prince Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ankit Tripathi, the learned counsel for the applicant as well as Sri Prateek Kumar Yadav, the learned State Counsel and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 339 of 2024, under Sections 64, 87, 137(2) B.N.S and Section 3/4 of Protection of Children from Sexual Offences Act, registered at Police Station Anchalgunj, District Unnao. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 04.11.2024 stating that the informant's daughter aged 16 years 4 months had gone out of her home at about 10 AM on 29.10.2024 but she did not come back. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone with the applicant out of her own free will as she loves him. She further stated that she has lived with the applicant as his wife. 5. The medico legal examination report of the victim reveals no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she had gone away due to being misled by two girls namely, Neelam and Roshni. They had persuaded the victim and they had sent her with Suraj Bablu under threat. She stated that she did not know the applicant since before. The applicant had kept her at her home where numerous other family members were present. The applicant kept her with him as his wife but he did not marry her. The applicant as well as his family members had stated that he would get her married to the applicant in the month of March. She stated that the applicant has made physical relations with her and he had not used force in it and she had not objected against it. She stated that she feel good in the house of the applicant. 7. 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. 8. The learned State Counsel has opposed the bail application and he has submitted that the information of the applicant has been given to the informant through police; that the allegations have been established during investigation and a charge-sheet has already been submitted on 22.01.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the initial statement, the victim has not stated anything against the applicant and in the subsequent statement, although she stated that the applicant had forcibly taken her away, she further stated that she stayed in the applicant's house for two months where she felt good and she did not allege use of force by the applicant; that the applicant is a young man aged 21 years having no criminal history and he is languishing in jail since 27.12.2024 whereas the investigation already stands completed, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Bablu Rajpoot be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 9.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench