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2025 DAILYLAW 152471 (ALL)

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

BAIL/8665/2024 · 2025-04-05

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19075 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8665 of 2024 Applicant :- Nadeem Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ambica Tripathi,Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Smriti, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate for the State and perused the records. 2. This is the second application filed seeking release of the applicant on bail in Case Crime No. 660 of 2023, under Sections 363/366/376 I.P.C. and Section 5 (j) (II)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bilgram, District Hardoi. The first application bearing Crl. Misc. Bail Application No.4224 of 20 2024 was rejected by a coordinate Bench of this court by means of an order dated 06.05.2024 and this court had granted liberty to the applicant to file another bail application after recording of statement of the prosecutrix before the trial court. 3. A copy of statement of the prosecutrix recorded by the trial court has been annexed with the bail application, wherein although she supported the F.I.R. allegations in her examination-in-chief but at the same time she stated that she had given statements under Sections 161 & 164 Cr.P.C. under pressure of the police. She further stated that she knows the applicant for the past four years but because of difference in her religion and the religion of the applicant her family members would not get her married to the applicant. She stated that she does not know as to who had lodged the F.I.R. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded by the trial court wherein she stated that she knows the applicant for the past four years but her family members would not got her married to the applicant because of difference in their religion and that the statement of the victim having already been recorded, there is no possibility of her being influenced after release of the applicant on bail and that the applicant is a young man having no previous criminal history and he is languishing in jail since 26.11.2023 and without making any observation, which may affect the merits of the case, 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Nadeem be released on bail in the aforesaid 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 appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 5.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench