MONU v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/4960/2025 · 2025-05-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142789 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142789 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33864 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4960 of 2025 Applicant :- Monu Opposite Party :- State Of U.P. Thru. The 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 Smt. Archana Yadav, 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.238 of 2025 under Sections 137(2), 87, 115(2), 351(3), 64(1) of B.N.S. and 3/4 of POCSO Act registered at Police Station- Kotwali Nagar, District- Sultanpur.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.03.2025 stating that the applicant had enticed away the informant's daughter aged 14 years on
26.03.2025.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years and he has been falsely implicated in the present case.
5. The applicant's involvement in another criminal case has been disclosed in para-21 of the affidavit filed in support of the bail application.
6. A supplementary affidavit has been filed annexing therewith the copies of statement of the victim recorded under Section 180 and 183 BNSS, in both of which she stated that she had gone with the applicant out of her own free will and she married him.
7. The victim declined to undergo medico-legal examination.
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 investigation of the present case is still
pending.
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 against 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 01.04.2024 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