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2025 DAILYLAW 156535 (ALL)

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

BAIL/7331/2025 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46057 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7331 of 2025 Applicant :- Jagram Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Anand Kumar Srivastava,Ankur Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Anand Kumar Srivastava, the learned counsel for the applicant and Shri Shikhar Srivastava, the learned A.G.A. 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.65 of 2025 under Sections 137(2), 87 of B.N.S., Section 17/18 of POCSO Act and Section 3(2)(v), 3(2)(va) of SC/ST Act registered at Police Station- Panchperwa, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.04.2025 stating that the named accused Altaf had enticed away the informant's daughter aged 15 years on 15.04.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant for the past five months, her parents scolded her for this reason and, therefore, she went to Mumbai where she met the applicant. She stated that she wants to live with the applicant and wants to marry him. 5. The medico-legal examination report of the victim does not reveal anything significant besides that she is a minor. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she categorically stated that no misdeed has been committed against her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case. 8. Learned AGA has opposed the bail application and he has submitted that the the victim is a minor, the allegations have been established during investigation and a charge-sheet has been submitted on 13.06.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man aged 23 years having no criminal history and he is languishing in jail since 24.04.2025 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 in the aforesaid case. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Jagram 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 7.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench