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2025 DAILYLAW 140178 (ALL)

KARAN @ SAMPURNANAND v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/4176/2025 · 2025-05-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28486 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4176 of 2025 Applicant :- Karan @ Sampurnanand Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Vivek Kumar Tripathi,Sudhir Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Kumar Tripathi, learned counsel for the applicant, Sri Anant Pratap Singh, 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. 0049 of 2025, under Sections 137(2), 87, 64(2)m B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Khero, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.03.2025 stating that the informant's daughter aged about 17 years had gone away from her home on 01.03.2025 on the pretext going to some bank but she did not come back and she did not receive the phone call to her. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 19 years, she knows the applicant for the past one year and she has married the applicant and made physical relations with him. The victim gave a similar statement before the doctor also. 5. In the medico legal examination report of the victim no mark of injury or sign of use of force has been reported. 6. In her statement recorded under Section 183 BNSS the victim reiterated her earlier version. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the victim's age on the date of incident has been found to be 17 years, 10 months and 14 days and she was a minor. The allegations have been established during investigation and a charge sheet has been submitted on 10.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim, wherein she has not levelled any allegation against the applicant; that although the victim was a few days' short of attaining 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 20.03.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Karan @ Sampurnanand 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