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2025 DAILYLAW 139059 (ALL)

ABDUL SHAHID v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS

BAIL/4180/2025 · 2025-05-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28499 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4180 of 2025 Applicant :- Abdul Shahid Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Faizal Hashmi,Haroon Rasheed,Jyotsana Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Faizal Hashmi, learned counsel for the applicant, Sri Ravi Srivastava, 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. 46 of 2025, under Sections 137(2), 64(2)m B.N.S. and Section 5L/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Pachperwa, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.03.2025 stating that the informant's daughter aged about 16 years had gone missing from home on 16.03.2025 and upon making enquiries it came to light that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 180 BNSS as also in her statement under Section 183 BNSS she stated that she is aged about 17 years and she used to talk to the applicant for the past one year. Her family members had beaten her up due to which she herself had made a call to the applicant and she had gone with him out of her own freewill and had made physical relations with him with her own consent. 5. The victim gave similar statement before the doctor also during her medico legal examination and her medico legal examination report reveals no mark of injury or use of force. 6. 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. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the victim is a minor and the investigation is still going on. The information of the present application has been delivered to the informant through police. 8. 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 although the victim has not reached the age of majority the applicant is also a young man and when young persons are in love, it cannot be said that they know each others age from their mere appearances coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 02.04.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Abdul Shahid 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