AKEEL SHAH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/4170/2025 · 2025-05-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140070 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140070 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28539 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4170 of 2025 Applicant :- Akeel Shah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Mohammad Shahzad Ahmad,Faraz Ahmad,Shamshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shamshad Ahmad, learned counsel for the applicant, Ms. Nikita Mishra, 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.99 of 2025, under Section 137(2), 87, 64 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Leherpur, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.02.2025 against three persons, including the applicant stating that the accused persons had enticed away the informant's sister aged about 16 years at about 11.00 p.m. on 20.02.2025 and she had taken away Rs.50,000/- cash and jewelry worth Rs.50,000/- with her. 4. In the statement of the victim recorded under Section 180 BNSS as also in her statement recorded under Section 183 BNSS she stated that she is aged about 22 years, she had gone with the applicant out of her own freewill, made physical relations with him and she wants to marry him. 5. The victim declined to undergo medico legal examination. As
per radiological examination report her age has been opined to be 17-18 years. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 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 she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
12.04.2025. 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 and as per radiological examination report she appears to be a major coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 02.03.2025 and the investigation already stands concluded 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-Akeel Shah 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