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2025 DAILYLAW 140413 (ALL)

PRAVEEN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/4242/2025 · 2025-05-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28913 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4242 of 2025 Applicant :- Praveen Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Himanshu Suryavanshi Counsel for Opposite Party :- G.A.,Hari Om Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Himanshu Suryavanshi, the learned counsel for the applicant, Shri Ravi Srivastava, the learned A.G.A. for the State, Shri Hari Om Singh, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.177 of 2025 under Sections 69, 115(2), 325, 351(3) of B.N.S. registered at Police Station- Satrikh, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.04.2025 stating that the applicant repetitively made physical relations with the informant under allurement of marrying her but thereafter, he declined to marry her. 4. In the statement of the victim recorded under Section 180 B.N.S.S. as well as in her Statement under Section 183 B.N.S.S., she reiterated the FIR version. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 08.11.2024. 8. Affidavit sworn by the informant has been annexed with the bail application wherein she has stated that she had married the applicant in a Temple about two years ago and both of them had agreed that a marriage ceremony will be performed later on in presence of the members of Society. She has made physical relations with her own willingness. She loves the applicant and she wants to perform a marriage ceremony with him as per the social customs and he does not want to initiate any criminal proceeding against the applicant. 9. Learned counsel for the informant has stated as per the instructions provided to him that the informant does not want to oppose the bail application. 10. Having considered the aforesaid facts and circumstances 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 16.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench