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2025 DAILYLAW 158103 (ALL)

RAJESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7631/2025 · 2025-08-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48091 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7631 of 2025 Applicant :- Rajesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arun Singh Somvanshi, the learned counsel for the applicant, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Ramesh Chandra Gupta, Advocate who has filed his Vakalatnama on behalf of the complainant is taken on record 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 374 of 2025, under Sections 137(2), 87 B.N.S, registered at Police Station Dhaurahara, District Kheri. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 08.06.2025 against two persons including the applicant, stating that the the applicant had enticed away the informant's daughter, whose date of birth is 01.01.2008, in the night of 07.06.2025 with the assistance of the other named co- accused person. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 & 1/2 years, she is not educated and she knows the applicant since her childhood. She had asked her family members to get her married to the applicant but they did not agree for it and they were talking about getting her married to some other person. For this reason, she had gone away from her home and she had asked the applicant to take her away. When the applicant did not exceed to her request, she threatened to commit suicide. After it, the applicant took her to Lakhimpur Kheri. Upon coming to know about the F.I.R, the applicant made the victim sit in a bus to go back home. The victim categorically stated that she had gone with the applicant out of her own free will and the applicant did not commit any misdeed against her. 5. The victim declined to undergo medico legal examination and as per ossification test, her age has been opined to 15-17 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she further expressed apprehension that her family members would kill her. 7. In the affidavit filed in support of 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. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and the charge-sheet has been submitted on 15.07.2025. 9. Having considered the aforesaid statements of the victim wherein she has not levelled any allegation against the applicant, coupled with the fact that when young persons are in love, it cannot be said that they know the exact age of each other from their mere appearances; and that the applicant is a young man having no criminal history and he is languishing in jail since10.07.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Rajesh be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 18.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench