DURGESH PRATAP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/11069/2024 · 2025-04-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165413 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20355 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11069 of 2024 Applicant :- Durgesh Pratap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ashok Kumar Shukla Counsel for Opposite Party :- G.A.,Adarsh Kumar Tripathi,Gyanendra Pathak Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashok Kumar Shukla, the learned counsel for the applicant, Sri Diwakar Singh, the learned AGA for the State, Sri Adarsh Kumar Singh, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.100 of 2022, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Sonwa, District Shravasti. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.07.2022 alleging that the applicant had enticed away the informant's daughter aged 17 years at about 02:00 p.m. on 04.07.2022. The informant's wife had seen the applicant and the victim going on a motorcycle and she asked them to stop but the applicant did not stop. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that her family members had beaten her up and they were trying to get her married to some other person, therefore, she had gone with the applicant and has married him. Upon coming to know about FIR, she came back. The victim was taken for medico legal examination but she declined to
undergo the same. Before the magistrate also in her statement recorded under Section 164 Cr.P.C., the victim reiterated her earlier version. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim where she has stated that she had gone with the applicant out of her own free will and she has married the applicant, 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. 7. Accordingly, this bail application stands allowed. 8.
Let the applicant- 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. . [Subhash Vidyarthi, J.] Order Date :- 10.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench