PAWAN v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS
BAIL/11249/2024 · 2025-05-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165827 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165827 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25498 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11249 of 2024 Applicant :- Pawan Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Suresh Chandra Srivastava, learned counsel for the applicant, Sri Arvind Kumar Verma, learned Additional Government Advocate 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. 97 of 2024, under Sections 363, 366, 376, 342 I.P.C. and Section 5 L/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jamo, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.04.2024 alleging that the applicant had enticed away the informant's daughter aged about sixteen and half years on 11.03.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she loves the applicant and she did not level any allegation against him. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force. As per radiological examination her age has been opined to be 18 years. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that she has married the applicant out of her own freewill and no misdeed has been committed against her. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. Copies of statements of the victim and her father who have been examined by trial court as PW-1 and PW-2 have been annexed with the bail application. Both of them have been declared to be hostile. 9. The State has filed a counter affidavit annexing therewith the copies of relevant materials collected during investigation and a copy of charge sheet. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 08.04.2024 and the victim and her father have turned hostile and without making any observation, which may affect the merits of the case, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Pawan be released on bail in the aforesaid 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 appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 2.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench