ALOK VERMA @ ALOK KUMAR v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/7007/2025 · 2025-08-05
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DailyLaw.ai
[ 2025 DAILYLAW 154212 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154212 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45412 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7007 of 2025 Applicant :- Alok Verma @ Alok Kumar Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ambica Tripathi Counsel for Opposite Party :- G.A.,Laxmi Narayan Gupta,Munendra Kumar Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as learned AGA and Shri Munendra Kumar, learned Advocate who has filed vakalatnama for the complainant which is taken on record. In the prosecution case, it is alleged that the sister-in-law of the complainant, aged about 18 years, was enticed away by the applicant, Alok Verma @ Alok Kumar, on 17.10.2024 at around 4:00 a.m.
Learned counsel for the applicant submits that the victim is a major and was in a consensual relationship with the applicant, which she has admitted in her statement recorded under Section 183 of the BNSS. She has further stated that she voluntarily went with the applicant. It is further contended that the medical examination report does not support the prosecution case and lacks corroborative medical evidence. Subsequently, the victim submitted an application at the police station expressing her desire to reside with the applicant. No allegations have been made by the victim in that application, which is the part of the case diary. The applicant is in custody since 31.03.2025 and has no prior criminal antecedents. It is further submitted that the victim is a major and, by her own admission, was in a romantic relationship with the applicant. It
is also submitted that the victim gave statements under Sections 180 and 183 of BNSS under pressure of her family. In her statement under Section 183 BNSS, she has referred to the applicant as her boyfriend. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA and learned counsel for the complainant have opposed the bail application. On due consideration to the fact that the charge sheet has already been filed, the applicant is in jail since 31.03.2025 without any criminal history, and the victim is a major who admittedly went with her boyfriend and later submitted an application expressing her wish to stay with him, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Alok Verma @ Alok Kumar involved in Case Crime/FIR No. 239/2024, U.S 87/64(1)/127 (2) BNS, P.S.Arwal, District - Hardoi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
Order Date :- 5.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench