HARIBHAJAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS
BAIL/4226/2025 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140121 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140121 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28886 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4226 of 2025 Applicant :- Haribhajan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Nagendra Bahadur Singh Counsel for Opposite Party :- G.A.,G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Priyanshu Somvanshi, Advocate holding brief of Sri Nagendra Bahadur Singh, the learned counsel for the applicant as well as Sri Abhishek Kumar Singh, the learned State Counsel and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 129 of 2024, under Sections 363, 366, 376, 504, 506 I.P.C. and Section 5(j)(ii)/6 of Protection of Children from Sexual Offences Act, registered at Police Station Kotwali Nagar, District Pratapgarh. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 17.03.2024, stating that the applicant had enticed away the informant's niece in the night of 15.03.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated she was residing with her aunt after death of her mother. Her aunt used to ill treat her. She developed the relationship with the applicant and told her aunt that she wanted to marry the applicant. Her aunt demanded five biswa land and Rs. 5 lakh and, therefore, she had gone away with the applicant and has married the applicant in a temple. She stated that she was having four months pregnancy. 5. The victim declined to undergo medico legal examination but her ossification test indicates that she is aged about 18 years. The ultrasonography has revealed 15 weeks five days pregnancy. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she stated that she has married the applicant, she has four months pregnancy and she wants to live with the applicant. She categorically stated that no misdeed was committed against her and whatever she had done, she had done with her own free will. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man and he has been falsely implicated in the present case. 8.
A supplementary affidavit has been field on behalf of the applicant disclosing his involvement in two other criminal cases and the applicant has already been grated bail in both the cases. 9. The learned State counsel has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on
18.10.2024. Information of the present applicant has been delivered to the complainant. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the vicitm wherein she has not levelled any allegation against the applicant, rather she has levelled allegations against the complainant herself; applicant is a young man and he is languishing in jail since 02.10.2024 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.
11. Accordingly, this bail application stands allowed.
12. Let the applicant- Haribhajan Singh 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 :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench