ANAND v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/8528/2025 · 2025-09-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162621 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162621 (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. - 8528 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Sandhya Devi, 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.177 of 2025, under Sections 87, 137(2) BNS & Sections 16/17 of POCSO Act, registered at Police Station Ramkot, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.06.2025 stating that the applicant had enticed away the informant's daughter aged 16 years. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she is aged 16 years, she has studied up to Class- VIII, her mother had beaten her up and, therefore, being angry, she had gone to Neemsaar alone. She categorically stated that she had not gone with the applicant and no misdeed was committed against her. The victim declined to undergo medico-legal examination. 5. In the statement of the victim recorded under Section 183 BNSS, she stated that she had gone with the applicant but the applicant did not commit any misdeed against her and the applicant himself got her back to her home. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent young man aged 22 years, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Sandhya Devi Counsel for Opposite Party(s) : G.A. Anand .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
7. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 06.07.2025. 8.
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 allegations against the applicant coupled with the fact that the applicant is young man aged about 22 years, having no criminal history and he is languishing in jail since 03.07.2025 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 - Anand 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 9, 2025 S. Shivhare BAIL No. 8528 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench