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2025 DAILYLAW 161052 (ALL)

HARJIT KORI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND 3 OTHERS

BAIL/8525/2025 · 2025-09-09

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8525 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Indu Prakash Singh, learned counsel for the applicant, Sri Manish Vikram Singh Chauhan, 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.0057 of 2025, under Sections 137(2), 87, 123, 308, 351(3) B.N.S. and Section 16/17 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Amethi, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.03.2025 stating that the informant's daughter had gone missing and she suspected that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 180 BNSS she stated that her date of birth is 12.03.2008 and she is pursuing B.Sc. course. She had developed friendly relations with the applicant for the past several months. She had gone with him to Lucknow and thereafter they left for Kanpur but upon coming to know about lodging of F.I.R. the applicant sent her back. 5. The medico legal examination report of the victim has been annexed with the supplementary affidavit, which mentions no mark of injury or sign of use of force. 6. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case Versus Counsel for Applicant(s) : Indu Prakash Singh, Usha Tripathi Counsel for Opposite Party(s) : G.A. Harjit Kori .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) and he has no criminal history. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has produced the relevant extracts of case diary for perusal of the court which shows that the victim has given a different statement under Section 183 BNSS. He has also submitted that the allegations have been established during investigation and a charge sheet has been filed on 06.06.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation against the applicant in her initial statement, although she has subsequently told an altogether different story; that the medico legal examination report of the victim has not revealed anything adverse to the applicant that the applicant has no previous criminal history and he is languishing in jail since 16.06.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Harjit Kori 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. September 9, 2025 Ram. BAIL No. 8525 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench