ANAND v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/7650/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158041 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158041 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48046 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7650 of 2025 Applicant :- Anand Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Bal Keshwar Srivastava,Charu Singh,Priya Singh,Trideep Narayan Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Bal Keshwar Srivastava, learned counsel for the applicant, Sri Shikhar 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. 0087 of 2025, under Sections 74, 115(2), 351(3) B.N.S. 2023, Section 7/8 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v-a) SC/ST (Prevention of Atrocities) Act, 1989, registered at Police Station Rahimabad, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.06.2025 at 23.01 Hrs. stating that the applicant's daughter aged about 14 years had gone away from her home in the night of 31.05.2025 and she returned home at about 05.00 a.m. on the following day. She told that she had gone to some hotel at Rahimabad. The applicant caught hold her hands and when she objected the applicant entered into a scuffle with her, but somehow she came home. 4. In the affidavit filed in support of bail application it has been stated that the applicant is young man aged 19 years, he is innocent, he has been falsely implicated in the present case and
he has no criminal history. 5. In the statement of the victim recorded under Section 180 BNSS a copy whereof has been annexed with the supplementary affidavit, she stated that she knows the applicant, she had gone with him in a hotel and the applicant molested her and when she objected he started scuffle and she came back. The victim declined to undergo medico legal examination. 6. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version. However, she stated that the applicant did not make physical relations with her and he had merely molested her. 7.
The Investigating Officer recorded statement of the receptionist of the hotel who stated that the applicant and the victim had made entry in the visitors' register of the hotel and they had stayed in the hotel for three hours. He stated that the girl had told her name as Mohini. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
02.07.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has stated that the applicant did not make physical relation with her, the statement of hotel receptionist who did not allege that the victim had been taken to the hotel room by use of force; that the applicant is a young man aged 19 years having no previous criminal history and he is languishing in jail since 07.06.2025 and the investigation already stands concluded 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Anand 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 :- 18.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench