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2025 DAILYLAW 142687 (ALL)

ARVIND KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

BAIL/4935/2025 · 2025-05-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34036 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4935 of 2025 Applicant :- Arvind Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Pranjal Singh,Gyan Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Gyan Singh, the learned counsel for the applicant, Shri Akhilesh Kumar Vyas, the learned A.G.A.-I 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.164 of 2024 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- kohdaur, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.10.2024 against the applicant, his sister and brother, stating that the applicant had enticed away the informant's daughter aged 14 years on 09.10.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had been talking to the applicant for the past one years, she had gone with him and married him in a Temple. Thereafter, both of them went to Surat and stayed there as husband and wife. 5. 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 18 years. In the pathological examination report, no spermatozoa was seen in the vaginal smear slide. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant had forcibly taken her away and the applicant himself brought her back. 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 A.G.A.-I 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 09.11.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the initial statement of the victim wherein she has not levelled any allegation against the applicant; the medico-legal examination report reveals nothing significant which may adverse to 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 02.11.2024 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 :- 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