ROHIT HARIJAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO
BAIL/8940/2025 · 2025-09-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165621 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165621 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8940 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Prabhu Ranjan Tripathi, the learned counsel for the applicant, Shri Angad Kumar Vishwakarma, the learned A.G.A. 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.0062 of 2025 under Sections 137(2), 87 of B.N.S. registered at Police Station- Malipur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.04.2025 stating that the applicant had enticed away the informant's minor daughter on 14.04.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone away from her home out of her own. After reaching Banaras, she made a phone call to the applicant asking him to take her with him but the applicant stated that he would not come there. When the victim insisted, the applicant took her to Mumbai and married her. 5. The victim declined to undergo medico-legal examination stating that no misdeed has been committed against her. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she had gone to Jammu out of her own free will. She did not state involvement of the applicant in any manner in this incident. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 8. Learned AGA has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 27.08.2025. Versus Counsel for Applicant(s) : Prabhu Ranjan Tripathi, Mrs. Sanju Tripathi, Vandana Tiwari Counsel for Opposite Party(s) : G.A. Rohit Harijan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko .....Opposite Party(s)
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 19 years having no criminal history and he is languishing in jail since 15.07.2025 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 in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Rohit Harijan 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. September 18, 2025 -Amit K- BAIL No. 8940 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench