ANUP GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/4589/2025 · 2025-05-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141608 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141608 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:31130 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4589 of 2025 Applicant :- Anup Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Lalit Kumari,Priyanshi Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Lalit Kumari, the learned counsel for the applicant, Shri Anshuman Verma, the learned A.G.A. 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.37 of 2025 under Sections 137(2), 87, 64, 351(3) of B.N.S. registered at Police Station- Achalganj, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.02.2025 stating that the applicant had enticed away the informant's sister aged 16 years on
09.02.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone with the applicant to the house of the applicant's Mausi. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. As per educational documents, the date of birth of the victim is 01.01.2009. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she met the applicant during a wedding ceremony and a friendly relationship had developed between them. The applicant taken her to the house of his Mausi and he molester her there. She also alleged that the applicant had committed misdeed against her. 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. Learned A.G.A. has opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on
21.03.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she stated that she had herself gone with the applicant as there was a friendly relationship between them; although the victim alleged that the applicant had committed misdeed against her, the findings of the medico-legal examination report do not reveal use of force against her coupled with the fact that the applicant is a young man aged 22 years having no criminal history and he 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 in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Anup Gautam 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 :- 26.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench