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2025 DAILYLAW 164021 (ALL)

SHAHRUKH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

BAIL/8670/2025 · 2025-09-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8670 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Saurabh Mishra, the learned counsel for the applicant, Smt. Kamlesh Kumari, learned A.G.A. for the State, Shri Ankur Pandey, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.408 of 2025, under Sections 87, 137(2) BNS, 2023, registered at Police Station Kotwali Akbarpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.05.2025 stating that the applicant had enticed away the informant's daughter aged 20 years. 4. In the statement of the alleged victim recorded under Section 180 BNSS as well as in her statement under Section 183 BNSS, she stated that she loves the applicant, she had gone with him as she wants to marry him. She categorically stated that the applicant did not use force against her. 5. The medico legal examination report of the victim did not reveal any mark of injury or sign of use of force, although the victim has been found to be minor. 6. The complainant has filed a short counter affidavit stating that the parties are entered into a compromise and the complainant does not demand against the applicant. 7. Learned A.G.A. has opposed the bail application and she has submitted that the allegations have been established during investigation and chargesheet has been submitted on 31.07.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation against the applicant; the applicant is the young man having no criminal history, he is languishing in jail since 27.06.2025 whereas the Versus Counsel for Applicant(s) : Saurabh Mishra Counsel for Opposite Party(s) : G.A. Shahrukh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) investigation already stands concluded and the complainant has supported the prayer for release of the applicant on bail, 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 -Shahrukh 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 15, 2025 KR BAIL No. 8670 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench