HARSHIT SAXENA v. THE STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO.
BAIL/8320/2025 · 2025-09-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161995 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161995 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8320 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Shourya Parmar, learned counsel for the applicant, Shri Ashok Kumar Srivastava, learned A.G.A. 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.486 of 2025, under Sections 137(2), 87 of BNS, registered at Police Station Mohammadi, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.07.2025 stating that some unknown person had enticed away the informant's daughter. 4. In the statement of the alleged victim recorded under Section 180 BNSS, she stated that she is aged about 18 years, she had gone away with the applicant out of her own free will and she has married him. Even after her marriage, she and the applicant used to live in separate rooms. 5. The medico-legal examination report of the victim reveals no mark of injury or sign of report. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person aged 21 years, he has been falsely implicated in the present case and he has no criminal history. 7. Learned A.G.A. has produced relevant extract of the case diary for perusal of the Court which shows that in the statement of the victim recorded under Section 183 BNSS also, she has reiterated her earlier version. Versus Counsel for Applicant(s) : Shourya Parmar, Ashutosh Gupta Counsel for Opposite Party(s) : G.A. Harshit Saxena .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
8. The learned A.G.A. has stated that the investigation stands concluded and a charge sheet has been submitted on 20.07.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim as well as the fact that the applicant is a young man aged 21 years, having no criminal history and he is languishing in jail since 17.07.2025 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. 10. Accordingly, this bail application stands allowed. 11.
Let the applicant - Harshit Saxena 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. September 2, 2025 S. Shivhare BAIL No. 8320 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench