NITIN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO.
BAIL/8542/2025 · 2025-09-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162838 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162838 (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. - 8542 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Bhanupriya Singh, 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.380 of 2025, under Sections 137(2) & 87 B.N.S., registered at Police Station Gola, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.06.2025 stating that the applicant had enticed away the informant's niece, aged about 15 years, on 10.10.2025. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she is aged 17 years, she knows the applicant for the past 2 years, she loves him and she had gone away with him. She stated that she wants to marry the applicant. The medico-legal examination report of the victim did not reveal any mark or injury or sign of use of force. 5. In the statement of the victim recorded under Section 183 BNSS, she stated that she reiterated her earlier version and she further stated that she has not married the applicant and, therefore, they have not made any physical relations. She categorically stated that the applicant had not enticed her away and she had gone away from home out of her own free will. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young innocent man aged about 21 years, he has been Versus Counsel for Applicant(s) : Bhanupriya Singh, Mohd. Ateeq Khan Counsel for Opposite Party(s) : G.A. Nitin Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. .....Opposite Party(s)
falsely implicated in the present case and he has no criminal history. 7. Learned A.G.A. has opposed the bail application and he has submitted that allegations have been established during the investigation and a charge sheet has been submitted on 13.06.2025. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victims wherein she has not levelled any allegations against the applicant and that although the victim has not attained the age of majority, it cannot be said that a young person can know the exact age of a person by seeing each other by their mere appearance and the applicant is a young man, having no criminal history and he is languishing in jail since 08.06.2025 whereas the investigation 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 - Nitin Kumar 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 11, 2025 S. Shivhare BAIL No. 8542 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench