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2025 DAILYLAW 157903 (ALL)

ANKAJ @ BUDDHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7669/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48723 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7669 of 2025 Applicant :- Ankaj @ Buddhu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Vivek Chandra, the learned counsel for the applicant, Shri Rajesh Kumar Singh, 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.73 of 2025 under Sections 140(4) of B.N.S. registered at Police Station- Lonikatra, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.02.2025 at about 23:02 hours stating that while the complainant's daughter aged about one and a half years was playing in the varanda of the house at about 06:00 PM on 19.02.2025, the applicant, who is a resident of Mehandipur Majre Bhilwal, Thana- Lonikatra, Barabanki, kidnapped her with evil intention and with the intention to cause grievous injury to her. 4. The Police claim to have apprehended the applicant while he was going though a field carrying the victim and upon seeing the police, the applicant left the victim in the field and escaped. The victim was recovered at about 01:05 hours on 20.02.2025 i.e. about two hours after lodging of the FIR. 5. As the victim is very young, she could not give any statement to the Investigating Officer or to the Magistrate. 6. The police claim to have arrested the applicant on 26.02.2025 and it is alleged that when he was apprehended, he fired at the police party regarding which another FIR has been lodged against him. 7. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in another criminal case under Section 60 of Excise Act, in which he has been released on furnishing a personal bond. 8. A copy of the medico-legal examination report of the child victim has been annexed with the supplementary affidavit as per which no mark of injury was found onn any part of the body. 9. Learned A.G.A.-I has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 01.04.2025 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the applicant has kidnapped the informant's daughter but the source of this knowledge is not disclosed in the FIR; the child victim was recovered after two hours since lodging of the FIR and although it is said that the victim was with the applicant, the applicant is said to have escaped and he could not be arrested; that the victim has not suffered any injury and that the applicant is languishing in jail since 27.02.2025 whereas the investigation 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Ankaj @ Buddhu 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. . [Subhash Vidyarthi, J.] Order Date :- 20.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench