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2025 DAILYLAW 158682 (ALL)

ROHIT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7834/2025 · 2025-08-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49578 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7834 of 2025 Applicant :- Rohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ram Milan Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ram Milan Yadav, the learned counsel for the applicant as well as Sri Vishwas Sarshwat, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 141/2025, under Sections 137(2), 87 B.N.S., Police Station Maingalganj, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.05.2025 against three persons, including the applicant and his brother-in-law, stating that the applicant had enticed away the informant's daughter aged 16 years on 05.05.2025. 4. In the statement of the alleged victim recorded under Section 180 B.N.S.S., she stated that she had gone with the applicant out of her own free will; she wants to marry the applicant and the applicant has not made physical relations with her. 5. A similar statement was given by the victim before the doctor also at the time of her medico legal examination. No sign of use of force was found on the victim's body during her medico legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 28 years having no criminal history and he has been falsely implicated in the present case. 8. Learned AGA has opposed the prayer for bail and he has submitted that the victim is minor and, therefore, the applicant is not entitled to be released on bail. He has further submitted that the allegations have been established during investigation where after a charge sheet has been filed on 21.05.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid statements of the victim wherein she has not levelled any allegation of commission of the misdeed by the applicant; that the applicant is a young man aged 28 years having no criminal history and he is languishing in jail since 12.05.2025 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- Rohit 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 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. Order Date :- 22.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench