ASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/4954/2025 · 2025-05-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142649 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142649 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33942 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4954 of 2025 Applicant :- Asad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Priyam Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Priyam Kumar Singh, the learned counsel for the applicant, Shri Alok Kumar Tiwari, 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.62 of 2025 under Sections 137(2), 87, 65(1) of B.N.S., Section 3/4(2) of P.O.C.S.O. Act registered at Police Station- Tambaur, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.02.2025 against the applicant, his father and mother, stating that the applicant had enticed away the informant's daughter aged 13 years on 10.12.2024 and they forcibly got her married to the applicant, who is aged 20 yeras. 4. The informant's daughter came back home on 15.01.2025 and told about the incident. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone to attend the call of nature at about 03:00 am on 10.12.2024, the applicant raped her and thereafter, he married her forcibly. 6. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The radio-logical examination report reveals the age of the victim to be 17 years. The pathological examination report reveals no spermatozoa present in the vaginal smear slide. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated the FIR version. 8. Some independent witnesses have stated that the victim had married the applicant out of mutual love and affection. The FIR
has been lodged after some dispute arose between them. 9. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 10. 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
14.04.2025. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that admittedly, the victim has resided with the applicant as his wife for a considerably long period of time; the independent witnesses have stated that the victim had married the applicant out of mutual love and affection coupled with the fact that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 21.02.2025 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. 12. Accordingly, this bail application stands allowed. 13. 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 :- 30.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench