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2025 DAILYLAW 143177 (ALL)

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

BAIL/4969/2025 · 2025-05-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34113 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4969 of 2025 Applicant :- Imran Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Aman Kumar Srivastav, the learned counsel for the applicant, Sri Mohd. Asif Khan, 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. 208/2025, under Sections 87, 137(2), 65(1), 352, 3512) BNS and Section 5(j)(ii)/6 Protection of Children from Sexual Offences Act, Police Station Dhaurahra, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.04.2025 stating that the applicant had enticed away the informant's daughter aged 15 years on 10.04.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant had taken her inside her home stating that he would marry her but she did not agree and said that she would marry with the consent of her family members. However, the applicant's family members pressurize her for her marriage with the applicant. The victim stated that the applicant did not commit any misdeed against her. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. The victim was found pregnant during medico legal examination. 6. As per the radio-logical examination report, the age of the victim has been opined to be 15 to 17 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she loves the applicant and wanted to marry him. Her family members have lodged a false FIR and they had beaten her up and pressurize her to give a false statement. She stated that nothing happened with her. 8. 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. 9. Learned A.G.A. 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 is still pending. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded under Section 183 BNSS, 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 24.04.2025, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Imran 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 :- 30.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench