AFTAB v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/6448/2025 · 2025-08-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151154 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46189 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6448 of 2025 Applicant :- Aftab Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rajiv Raman Srivastava the learned counsel for the applicant as well as Sri Manish Kumar Pandey, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.91 of 2025, under Sections 61(2), 137(2) B.N.S, registered at Police Station Biswan, District Sitapur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 01.03.2025, stating that the informant's daughter aged 15 years had gone missing in the night of 28.02.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone with the applicant and co-accused Salman and she had made physical relation with the co-accused Salman and stayed with him as his wife. She stated that she loves the co-accused Salman and wants to marry him. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. The victim also told the doctor that she loves Salman and had gone with him. 6. As per radiological examination report, the age of the victim has been opined to be 15-16 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. In none of the statements, the informant has levelled any allegation against the applicant.. 8. In the affidavit filed in support of 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. 9. The learned A.G.A has opposed the bail application and he has submitted that the allegations have been established during investigation and the charge-sheet has been submitted on
30.04.2025. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not leveled any allegation against the applicant, coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 02.03.2025 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Aftab be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. (Subhash Vidyarthi,J.) Order Date :- 7.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench