KUNDAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/8617/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163739 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163739 (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. - 8617 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Sandip Kumar Yadav, the learned counsel for the applicant as well as Sri Shikhar Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.118 of 2025, under Sections 137(2), 87 B.N.S, registered at Police Station Tarun, District Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.06.2025, stating that the applicant had enticed away the minor daughter of the informant. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone away with the applicant for marrying him. While they were traveling by train, a Travelling Ticket Examiner (T.T.E) asked for their documents and being afraid of him, the applicant got down the train and escaped. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past two years. The remaining part of her statement was at variance with her earlier statement and she stated that the applicant had forcibly taken her away. 6. In the affidavit filed in support of bail application it has been stated that Versus Counsel for Applicant(s) : Sandip Kumar, Uday Pratap Singh Counsel for Opposite Party(s) : G.A. Kundan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 7. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 31.07.2025. He further submitted that no mark of injury or sign of use of force was seen during the victim's medico legal examination. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in her initial statement, the victim has not levelled any allegation against the applicant and that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 29.06.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Kundan be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 10, 2025 Preeti. BAIL No. 8617 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench