AMIT KASHYAP v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 4 OTHERS
BAIL/11015/2024 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164865 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164865 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29135 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11015 of 2024 Applicant :- Amit Kashyap Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 4 Others Counsel for Applicant :- Alok Kr. Misra,Akash Sharma,Dilip Kumar Pandey,Utkarsh Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dilip Kumar Paney, the learned counsel for the applicant, Sri Satyendra Srivastava, the learned AGA 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. 0269 of 2024, under Sections 137(2), 87, 65(1) of B.N.S., Section (3)(2) (v) of SC/ST Act and Section 5/6 of POCSO Act, Police Station Harchandpur, District Raebareli. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.08.2024 stating that the informant's daughter aged 14 years had gone missing on 31.07.2024
4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that her mother had scolded her, therefore, she had gone to the house of her bua. She stated that nobody had taken her away forcibly. 5. The victim declined to undergo medico legal examination, external and internal. 6. In the statement of the victim recorded under Section 183 B.N.S.S, she stated that she had gone with the
applicant as she loves him. She stayed with him for six days and made physical relations with him. She stated that she wants to marry the applicant and family members of both of them are ready for their marriage. 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 learned AGA has opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He further submitted that the allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 17.08.2024. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has not levelled any allegation against the applicant and that the applicant is a young man aged 22 year having no criminal history and he is languishing in jail since 15.08.2024 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-Amit Kashyap 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. . Order Date :- 16.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench