KULDEEP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8497/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162649 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162649 (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. - 8497 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Ram Aasrey Verma, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned Additional Government Advocate for the State and Sri Amit Kumar, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 302 of 2025, under Sections 87, 137(2) B.N.S., registered at Police Station Fardhan, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.08.2025 alleging that the applicant had enticed away the informant's daughter aged about 14 years in the night of 31.07.2025. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she had gone with the applicant and she wants to marry him. She categorically stated that the applicant has not committed any misdeed against her. 5. The victim declined to undergo medico legal examination. 6. In the statement of the victim recorded under Section 183 BNSS also she stated that the applicant had taken her with him under her pressure and he did not commit any misdeed against her and he did not make physical relations with her. She stated that she wants to marry the applicant and to live with him and she does not want to live with her family members. Versus Counsel for Applicant(s) : Ram Asarey Verma Counsel for Opposite Party(s) : G.A. Kuldeep .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has pointed out the involvement of the applicant in another criminal case but the description of the accused person in that case mentions his residence in a village other than Village Bamhanpur in which the applicant resides. He has also submitted that the investigation of the case is still going on. 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 allegations against the applicant coupled with the fact applicant is a young man aged 21 years having no previous criminal history and he is languishing in jail since 12.08.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Kuldeep 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 10, 2025 Ram. BAIL No. 8497 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench