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2025 DAILYLAW 139480 (ALL)

VISHAL LONA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS

BAIL/4053/2025 · 2025-05-09

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27488 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4053 of 2025 Applicant :- Vishal Lona Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Nijam Ahamad, the counsel for the applicant and Shri Arvind Kumar Pandey, the learned AGA 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. 0079 of 2025, under Sections 137(2), 64(1) BNS and Section 3/4 of POCSO Act, Police Station Jalalpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.02.2025 against four persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 17 years with the assistance of other accused persons and his daughter had taken away some money and jewelry with her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she likes the applicant, she had gone away from her home with the applicant, they went to Lucknow and married each other in a temple. She stayed with the applicant in a rented accommodation and made physical relations with her consent. 5. The victim declined to undergo internal as well as external medico legal examination. 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 a young man aged 19 years and he has been falsely implicated in the present case. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in another criminal case in which he has already been granted bail. 8. The learned AGA has opposed the bail application and has submitted that the victim is minor. Information of the bail application has been given to the informant through police, the allegation have been established during investigation and a charge sheet has been submitted against the applicant only on 24.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has stated that she had gone with the applicant on her own free will; that the applicant has declined to undergo medico legal examination; although the victim is said to be aged 17 years, the applicant is also young man aged 19 years and when young persons are in love, it cannot be said that each of them knows the exact age of the other partner; the applicant is languishing in jail since 13.03.2025 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-Vishal Lona 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 :- 9.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench