SONU GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
/7187/2025 · 2025-08-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155394 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45106 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7187 of 2025 Applicant :- Sonu Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Alok Pandey,R.U. Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Alok Pandey, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate 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. 0170 of 2025, under Sections 87, 137(2) B.N.S. 2023, registered at Police Station Ahirauli, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.06.2025 stating that the informant's daughter aged about 14 years had gone away from her home on 21.06.2025 as her mother had scolded her. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she wanted to marry the applicant and therefore she had gone with him. When Sonu's mother informed about the F.I.R. she came back. In response to a specific question the victim stated that the applicant had not made physical relations with her. The victim declined to undergo medico legal examination. 5. In the statement of the victim recorded under Section 183 BNSS she stated that she knows the applicant for the past eight months and she likes him. On 21.06.2025 she herself had called
the applicant after threatening that in case he did not come, she would consume poison. Thereafter, she had gone with the applicant out of her own free will and she categorically stated that nobody had enticed her away and she has not made any physical relations. 6. 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. 7. 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. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim recorded by the Investigating officer and by the Magistrate and the fact that the victim has declined to undergo medico legal examination coupled with the fact that the applicant is a 22 years old young man having no previous criminal history and he is languishing in jail since 24.06.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Sonu Gupta 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 :- 4.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench