LAVKUSH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
/7569/2025 · 2025-08-13
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157486 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157486 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47660 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7569 of 2025 Applicant :- Lavkush Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Lalji Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Lalji Prasad Shukla, learned counsel for the applicant, Shri Shikhar Srivastava, 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.221 of 2025, under Sections 137(2), 87, 76 of B.N.S. and Sections 7/8 of POCSO Act, registered at Police Station Hargaon, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.06.2025, against six persons including the applicant, stating that the applicant had enticed away the informant's sister aged about 16 years. 4. In the statement of victim recorded under Section 180 BNSS, she stated that she loves the applicant for the six months and she had gone away from her home for the aforesaid reason and thereafter, she went to Delhi with the applicant. When she came to know about the F.I.R., she returned to her home and she also stated that no misdeed has been committed against her. The medico-legal examination of the victim does not reveal any marks or injuries or sign of use of force or any recent forceful penetration, if any. 5. In the statement of the victim recorded under Section 183 BNSS, she stated that three persons including the applicant had caught hold of her and gagged her mouth due to which she fell
unconscious. After some time, the applicant brought her back home. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person aged about 21 years, he has been falsely implicated in the present case and he has no criminal history. 7. The learned A.G.A. has opposed the bail application and he has submitted that the investigation of the case is still going on. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded under Sections 180 BNSS and the findings of the medico-legal examination report coupled with the fact that the applicant is aged about 21 years, he has no criminal history and is languishing in jail since 26.06.2025, 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- Lavkush 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. Order Date :- 13.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench