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2025 DAILYLAW 139366 (ALL)

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

BAIL/4030/2025 · 2025-05-09

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27296 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4030 of 2025 Applicant :- Akash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A.,G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Praveen Kumar Pandey, the learned counsel for the applicant as well as Sri Anshuman Verma, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 574 of 2024, under Sections 137(2), 87, 65(1) B.N.S and Section 5/6 of Protection of Children from Sexual Offences Act, registered at Police Station Gurubuxganj, District Raibareli. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 18.11.2024, stating that the informant's daughter aged 14 years had gone out of her home at about 05:00 AM on 16.11.2024 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 knows the applicant for the past six months and she used to talk to him through phone. She had talked to her parents about her marriage with the applicant but they declined the same and they abused her. She told it to the applicant whereupon the applicant had taken her to Lucknow where she stayed for five days. The applicant told about it to her parents and they called them to their home and assured that they would get them married. 5. The victim declined to undergo medico legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she categorically stated that she had not been enticed away by the applicant and the applicant had not committed any misdeed against her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. The learned A.G.A has opposed the bail application and he has submitted that information of the applicant has been given to the informant through police. The allegations have been established during investigation and a charge-sheet has already been submitted on 08.12.2024. 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 allegations against the applicant and that the victim has declined to undergo medico legal examination, coupled with the fact that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 24.11.2024, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Akash 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