SATISH @ KEMICAL v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
BAIL/4431/2025 · 2025-05-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141364 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141364 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:30024 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4431 of 2025 Applicant :- Satish @ Kemical Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dinesh Kr. Chaudhary, 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. 83 of 2025, under Sections 137(2), 87, 64(2)M, 65(1) B.N.S and Section 5L/6 of Protection of Children from Sexual Offences Act, registered at Police Station Kotwali Nagar, District Balrampur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 03.04.2025, stating that the applicant had enticed away the informant's daughter aged about 16 years in the night of 01.04.2025 and she had taken away Rs. 4,000/- cash and some jewellery with her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she has gone with the applicant out of her own free will and she has married the applicant at Pune. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she further stated that she loves the applicant and she wants to live with him only. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 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
10.05.2025. 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 consistent statements of the victim, wherein she has not levelled any allegation against the applicant; that the applicant is a young man having no criminal history; that young persons are in love, it cannot be said that they know the exact age of each other with certainty and that the applicant is languishing in jail since 10.04.2025, 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- Satish @ Kemical 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