Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 162410 (ALL)

GUDDU @ RIJWAN @ SIRAJ ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

ABAIL/984/2025 · 2025-09-11

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 984 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ankit Gupta holding brief of Sri Pawan Kumar Sharma, the learned counsel for the applicant as well as Sri S.P. Singh, the learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 295 of 2022, under Section 363 IPC, Police Station Risiya, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.08.2022 against four persons, including the applicant, stating that the applicant had enticed away the informant's minor daughter aged about 15 years on 20.08.2022. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 17 years. She further sated she had gone to Bahraich alone where she met the applicant, she stayed with him and she wants to live with him. 5. The victim declined to undergo the medico legal examination. 6. In the statement recorded under Section 164 Cr.P.C., she stated that she is aged 18 years, she knows the applicant as he is related to her, she had asked her family members to get her married to the applicant but her family members did not accede to her request and, therefore, she had gone Versus Counsel for Applicant(s) : Pawan Kumar Sharma Counsel for Opposite Party(s) : G.A. Guddu @ Rijwan @ Siraj Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) away out of her own free will. She has stated that she wants to marry the applicant and the applicant had not enticed her away. 7. In the affidavit filed in support of the application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history. 8. Learned AGA has opposed the prayer for bail and he has submitted that the allegations levelled in the FIR have been established during investigation and a charge sheet has been submitted on 07.11.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant, 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-Guddu @ Rizwan @ Siraj Ali 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. September 11, 2025 Pradeep/- ABAIL No. 984 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench