SOMIL SAROJ v. STATE OF U.P. THRU. PRIN. SECY. HOME SECY. LKO. AND 3 OTHERS
BAIL/4172/2025 · 2025-05-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139046 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139046 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28474 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4172 of 2025 Applicant :- Somil Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Secy. Lko. And 3 Others Counsel for Applicant :- Avinash Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Avinash Kumar Sharma, learned counsel for the applicant, Sri Alok Kumar Tiwari, 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.151 of 2024, under Sections 363, 366, 376, 504, 507 I.P.C. and Section 5J(II)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.05.2024 against the applicant and another person stating that the accused persons had enticed away the informant's sister when she had gone to a grove to attend the call of nature at about 2.00 p.m. on 07.05.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she had gone with the applicant out of her own freewill, she has married him and went with him to Panipat. She stated that she sent photograph of her marriage to her family members due to which they got angry and lodged the F.I.R.
5. The victim declined to undergo medico legal examination. 6. Before the Magistrate also the victim stated that she loved the applicant and she has married him. She stated that she was having four months pregnancy. The statement of the victim has been recorded by the trial court and she has repeated her earlier version even before the trial court. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 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 bail and he has submitted that the information of the application has been delivered to the informant through police. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim recorded by the Investigating Officer, Magistrate and the trial court, wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 17.08.2024 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-Somil Saroj 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 :- 15.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench