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2025 DAILYLAW 164287 (ALL)

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

/8755/2025 · 2025-09-12

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8755 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Suyesh Pradhan, the learned counsel for the applicant, Smt. Shikha Sinha, the learned A.G.A.-I 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.42 of 2025, under Sections 87, 137(2), 61(2) B.N.S and Section 16/17 of Protection of Children from Sexual Offences Act, registered at Police Station Sadarpur, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.03.2025, stating that the informant's daughter aged 13 years have gone away from home but she did not come back. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone to Pokhra without informing her family members, where she met the applicant, who is Jethani of her elder sister. The applicant took her to the house of her nanad (sister-in-law) and she got her married to Akshay Kumar (husband of the victim's elder sister) and she stayed with him as his wife. 5. The medico legal examination report of the victim mentions no Versus Counsel for Applicant(s) : Suyesh Pradhan Counsel for Opposite Party(s) : G.A. Mathini Devi .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) mark of injury or sign of use of force. 6. As per radio-logical examination report, the age of victim has been opined to be about 13-14 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she is aged 18 years and she has married the husband of her elder sister out of her own free will. She categorically stated in her statement that nobody had enticed her away, the allegations levelled in the F.I.R are false and she wants to live with her husband- Akshay Kumar. 8. In the affidavit filed in support of bail application it has been stated that the applicant is a woman having no criminal history and she has been falsely implicated in the present case. 9. The learned A.G.A.-I has opposed the bail application and she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 26.07.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim recorded by the Magistrate, coupled with the fact that the applicant is a woman having no criminal history and she is languishing in jail since 25.07.2025 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Mathini Devi 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; BAIL No. 8755 of 2025 2 (iii) the applicant shall appear on each and every date fixed by the trial court. September 12, 2025 Preeti. BAIL No. 8755 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench