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2025 DAILYLAW 158574 (ALL)

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

BAIL/7775/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48784 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7775 of 2025 Applicant :- Rajendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Vyas Narayan Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Vyas Narayan Shukla, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I for the State, Shri Akhilesh Srivastava, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.09 of 2025, under Sections 61(2), 142 of B.N.S., Sections 16/17 of POCSO Act and Sections 3(2) V of SC/ST Act and Section 10 of the Prohibition of Child Marriage Act, 2006, registered at Police Station Gadaganj, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.01.2025, stating that the sole main accused Aman had enticed away the informant's daughter aged 17 years 6 months on 09.01.2025. 4. In the statement of the victim recorded under Section 180 of BNSS, she stated that she had asked her family members to get her married to the named accused Aman but her parents had demanded Rs.3,00,000/- from Aman. For this reason, she had gone away with Aman. 5. The applicant is father of Aman. The applicant's wife Shashi (mother of Aman) has already been granted bail by means of an order dated 23.07.2025 passed by the Co-ordinate Bench of this Court in CRIMINAL MISC. BAIL APPLICATION No.6748 of 2025. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. Learned A.G.A. as well as learned counsel for the complainant have submitted that the allegations have been established during the investigation and a charge sheet has already been submitted on 08.07.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim coupled with the fact that the co-accused Shashi has already been granted and that the applicant has not criminal history and he is languishing in jail since 06.07.2025 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 in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Rajendra Kumar 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 :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench