GANESH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/8517/2025 · 2025-09-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162920 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162920 (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. - 8517 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Santosh Kumar Tripathi, learned counsel for the applicant, Sri Manish Vikram Singh Chauhan, learned Additional Government Advocate 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. 171 of 2025, under Sections 137(2), 87 B.N.S., registered at Police Station Kauriya Bazar, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.07.2025 stating that the applicant had enticed away the informant's daughter aged about 15 years in the night of 11.07.2025. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she studies in Class 12, her mother used to scold and beat her and ask her to go away and, therefore, she had left her home in anger. She met the applicant outside the village and went to Mumbai with him. She stated that the applicant has not committed any misdeed against her and he has not made any physical relation with her. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 BNSS the victim reiterated her earlier version. 7. In the affidavit filed in support of bail application it has been stated Versus Counsel for Applicant(s) : Santosh Kumar Tripathi Counsel for Opposite Party(s) : G.A. Ganesh Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
that the applicant is a young man aged 20 years, he is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclose in para 22 of the affidavit filed in support of the bail application in which he has not been summoned as yet. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has stated that the allegations have been established during investigation and a charge sheet has been submitted on 06.08.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim coupled with the fact that that the applicant is a young man and he is languishing in jail since 18.07.2025 and the investigation already stands concluded 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-Ganesh Tiwari 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 9, 2025 Ram. BAIL No. 8517 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench