RITIK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHER
BAIL/4435/2025 · 2025-05-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141231 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141231 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:30027 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4435 of 2025 Applicant :- Ritik Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Other Counsel for Applicant :- Vishal Tripathi,Avinash Shukla,Surjeet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vishal Tripathi, the learned counsel for the applicant as well as Ms. Nikita Mishra, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 41 of 2025, under Sections 87, 137(2), 65(1) B.N.S and Section 3/4 of Protection of Children from Sexual Offences Act, registered at Police Station Katka, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 19.03.2025, stating that the applicant had enticed away the informant's daughter aged about 13 years at 10 AM on
18.03.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she has gone to Delhi with the applicant, stayed there in a room and the applicant committed the misdeed against her. She further stated that when she was coming back with the applicant, the police caught them. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force and the hymen was reported to be intact. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she has stated that the applicant had taken her to Delhi and there he made physical relations against her wishes. She stated that she does no know the applicant since before. 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 having no criminal history and he has been falsely implicated in the present case. 8. The learned A.G.A has opposed the bail application and she has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on
11.04.2025. She has further stated that the information of the present application has been delivered to the informant through police. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim went with the applicant to Delhi, stayed with him in a room and although she has alleged that the applicant committed a misdeed against her but the medico legal examination report of the victim mentions that the hymen was intact; that the applicant is a young man having no criminal history and he is languishing in jail since 21.03.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ritik 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 :- 21.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench