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2025 DAILYLAW 163976 (ALL)

MANISH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

/8732/2025 · 2025-09-12

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8732 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Krishna Gopal, learned counsel for the applicant, Smt. Kamlesh Kumari, 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. 401 of 2024, under Sections 137(2), 87 B.N.S. and Section 16/17 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kamlapur, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.10.2024 against three persons, including the applicant stating that the applicant 's daughter aged about 16 years had gone away from home without giving information and upon making enquires it transpired that the applicant had enticed her away with the assistance of his parents (co-accused Renu and Ramswaruup). 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 19 years, she had gone with the Delhi for working, she used to stay with the applicant in a room as his wife for four months. She asked her parents to get her married to the applicant, but they did not agree to it. She categorically stated that the applicant has not committed any misdeed against her. 5. The victim declined to undergo medico legal examination. Versus Counsel for Applicant(s) : Krishna Gopal, Amarjeet Singh, Mohd Ahmad, Touqeer Ahmad Counsel for Opposite Party(s): G.A. Manish .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. In the statement of the victim recorded under Section 183 BNSS the victim reiterated her earlier version and she has categorically stated that her family members have lodged a false report. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent and he has been falsely implicated in the present case . The applicant's involvement in another case has been disclosed by filing a supplementary affidavit, in which the applicant 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 she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 19.01.2025. 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 is a young man aged 19 years and he is languishing in jail since 17.01.2025 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-Manish 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 12, 2025 Ram. BAIL No. 8732 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench