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2025 DAILYLAW 165983 (ALL)

NANDAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO

/9144/2025 · 2025-09-23

Subhash Vidyarthi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9144 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Prem Prakash Singh, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned A.G.A. for the State, Shri Prashant Srivasta, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.87 of 2025, under Sections 87, 352, 351(3) BNS, registered at Police Station Jaitpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.05.2025 against 6 persons, including the applicant, his parents and other family members, alleging that the applicant had enticed away the informant's daughter aged 18 years with the assistance of his family members and she had taken away the jewellery of her Nani and Mausi with her. 4. In the statement recorded under Section 180 BNSS, the alleged victim stated that she is 25 years old and she is a graduate. On 02.05.2025 her mausi had scolded her due to which she had gone away on her own. Upon coming back, she came to know about the F.I.R. 5. The victim declined to undergo medico-legal examination stating that no misdeed had been committed against her. 6. In the statement recorded under Section 183 BNSS, she stated that the applicant is related to her and lives in the neighbourhood of the house of her maternal grand father and he had forcibly taken her with him. 7. In the affidavit filed in support of the bail application, it has been stated Versus Counsel for Applicant(s) : Prem Prakash Singh Counsel for Opposite Party(s) : G.A. Nandan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko .....Opposite Party(s) that the applicant is an innocent young man aged 19 years, having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 02.08.2025. 9. The learned counsel for the complainant had also opposed the application and he has submitted that in the statement recorded under Section 183 BNSS, the victim has categorically levelled allegations against the applicant. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the initial statement of the victim wherein she has not levelled any allegation against the applicant as also the statement given by her before the doctor wherein she stated that no misdeed has been committed against her and she declined to undergo medico-legal examination coupled with the fact that the applicant is a young boy aged 19 years, having no criminal history and he is languishing in jail since 23.07.2025 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant - Nandan 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. September 23, 2025 S. Shivhare BAIL No. 9144 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench