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2025 DAILYLAW 164686 (ALL)

SAURABH SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

BAIL/10910/2024 · 2025-05-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27723 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10910 of 2024 Applicant :- Saurabh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Pramod Kumar,Mohd. Azad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Pramod Kumar, the learned counsel for the applicant, Shri Akhilesh Kumar Vyas, the learned A.G.A.-I 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.186 of 2024 under Sections 363, 366, 376(1) of IPC, Section 3/4 of P.O.C.S.O. Act & Section 3(2)5 of S.C./S.T. Act 1989 registered at Police Station- Aaspur Deosara, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.06.2024 against the applicant and his brother, stating that the applicant had enticed away the informant's daughter aged 17 years on 16.05.2024 with the assistance of the other co-accused person. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 17 years, she had gone away with the applicant out of her own free will, she knows the applicant for the past four years and she met him at Patti and she went to Chandigarh with him. Both of them came back on 02.07.2024 and married each other in a Temple. Thereafter, the court marriage was performed on 03.07.2024. 5. The victim declined to undergo medico-legal examination. As per the educational documents, the date of birth of the victim is 19.08.2006. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 04.08.2024. 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 22 years having no criminal history and he is languishing in jail since 19.06.2024 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- Saurabh Singh 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. . [Subhash Vidyarthi, J.] Order Date :- 12.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench