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2025 DAILYLAW 166635 (ALL)

JUNED AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

BAIL/11364/2024 · 2025-04-15

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21126 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11364 of 2024 Applicant :- Juned Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Pranesh Kumar Sinha, learned A.G.A. 2. The instant application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 251 of 2024, under Sections 363, 366A, 376 IPC, and Section 5/6 POCSO Act, Police Station Chanda, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.06.2024 against the appicant and his bhabhi stating that the applicant had enticed away the informant’s daughter, aged 16 years. 4. In the statement of the victim recorded under Section 161, Cr.P.C. she stated that she loves the applicant for the past two years. She had gone with him to Mumbai and she stayed with him as his wife. 5. In the statement of the victim recorded under Section 164, Cr.P.C. also she stated that she likes the applicant and she had gone with him. She further stated that she treats the applicant as her husband. She has made physical relations with him and the applicant had not forced her to do so. 6. In the affidavit filed in support of the application it has been stated that the applicant is a young man aged 24 years. He has no criminal history and he has been falsely implicated in the present case. 7. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation and a copy of the chargesheet. 8. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith statements of the informant and the victim recorded by the trial court, and both of them have been declared to be hostile. 9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Juned Ahmed 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 :- 15.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench