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2025 DAILYLAW 163125 (ALL)

SHIV SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

BAIL/8585/2025 · 2025-09-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8585 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Pooja Singh, Advocate holding brief of Shri Desh Raj Singh Yadav, the learned counsel for the applicant, Shri Rajesh Kumar Singh, the 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.89 of 2025 under Sections 137(2), 87 of B.N.S., Section 16/17 of P.O.C.S.O. Act and Section 3(2)(v) of SC/ST Act registered at Police Station- Maholi, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.03.2025 against four persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 17 years on 08.03.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone with the application out of her own free will and stayed with him as his wife. She stated she wants to live with the applicant and does not want to return home. 5. The victim declined to undergo medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that her family members wanted her to marry with some other person against her wishes and, therefore, she was going away from her home to work at some place. On the way, she met the applicant and went with him for working in Haryana. She stated that she used to stay in a separate room, away from the applicant. In this statement also, the victim stated that she wants to marry the applicant. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. Versus Counsel for Applicant(s) : Desh Raj Singh Yadav, Akhilesh Kumar Counsel for Opposite Party(s) : G.A. Shiv Shankar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) 8. After conclusion of the investigation, a charge-sheet has been submitted on 15.05.2025. 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 coupled with the fact that the applicant has no criminal history and he is languishing in jail since 18.03.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Shiv Shankar 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, unless his/her appearance exempted by the trial Court. September 11, 2025 -Amit K- BAIL No. 8585 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench