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2025 DAILYLAW 142484 (ALL)

IRSHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS

BAIL/4768/2025 · 2025-05-28

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:32175 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4768 of 2025 Applicant :- Irshad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Brijesh Kumar Yadav,Archana Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Archana Yadav, the learned counsel for the applicant, Shri Ashok Srivastava, 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.509 of 2024 under Sections 137(2), 87, 64 of B.N.S., Section 3/4 of P.O.C.S.O. Act registered at Police Station- Chanda, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.11.2024 stating that the applicant had enticed away the informant's daughter 04.11.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she has been talking to the applicant for the past two years, she loves him, she has gone with him and has married him in a temple on 01.01.2024. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. As per the radio- logical examination report, the age of the victim is around 16 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 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. Learned AGA 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 29.11.2024. 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 of commission of misdeed by the applicant coupled with the fact that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 08.11.2024 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 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 :- 28.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench