SHIKHAR SRIVASTAVA v. STATE OF U.P. THRU. SECY. HOME CIVIL SETT. LKO AND 3 OTHERS
BAIL/4843/2025 · 2025-05-29
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142735 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142735 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33275 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4843 of 2025 Applicant :- Shikhar Srivastava Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sett. Lko And 3 Others Counsel for Applicant :- Ashish Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashish Kumar Maurya, the learned counsel for the applicant, Sri Pranesh Kumar Sinha, 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. 65/2025, under Sections 137(2), 87, 64 (2)F, 351(3) B.N.S. and under Section 5J(II)/6 POCSO Act, Police Station Bachhrawan, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.02.2025 stating that the applicant had enticed away the informant's daughter aged 16 years on
11.02.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant since August, 2024, the applicant had taken her on 11.02.2025, she stayed with him for three days and made physical relations with her consent. 5. The medico-legal examination report mentions no mark of injury or sign of use of force but the victim was having four months pregnancy. 6. In the statement of the victim recorded under Section 183
B.N.S.S., she stated that the applicant forcibly 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 21 years having no criminal history and he has been falsely implicated in the present case. It has further been stated that the applicant is ready to marry the alleged victim. 8. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on
19.03.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded under Section 180 BNSS, coupled with the fact that the allegation of use of force levelled subsequently in her statement under Section 183 BNSS, is not supported by the findings of the medico legal examination report and that the applicant is a young man aged 21 years having no criminal history and he is languishing in jail since 21.02.2025 whereas the investigation already stands concluded and the applicant has expressed his willingness to marry the victim, 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-Shikhar Srivastava 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. Order Date :- 29.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench