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2025 DAILYLAW 166738 (ALL)

SHAHRUKH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/9241/2025 · 2025-09-24

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9241 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Qazi Mohd.Ahmad, the learned counsel for the applicant, Shri Nagarjun Pandey, the learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.511 of 2025 under Sections 137(2), 87, 351(3) of B.N.S. registered at Police Station- Mohammadi, District- Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged against five persons, including the applicant, stating that the applicant had enticed away the informant's minor daughter for marrying her and his daughter had taken away some jewellery and some cash. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, she has studied up to Class IX, she loves the applicant and she had gone away with him. On the way, the police caught them and brought them back. She stated that she knows the applicant for the past two years, the applicant had not committed any misdeed against her and he had not forcibly taken her away and she had gone with him out of her own free will. 5. The victim declined to undergo medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she further stated that the applicant used to blackmail her to pressurize her to meet him. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and he has been falsely implicated in the present case. 8. Learned State Counsel has opposed the bail application and he has Versus Counsel for Applicant(s) : Qazi Mohd.Ahmad, Aftab Alam, Dilshad Ahmad Siddiqui Counsel for Opposite Party(s) : G.A. Shahrukh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 03.08.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the initial statements of the victim wherein she has not levelled any allegation against the applicant; that although she has subsequently levelled allegation of blackmailing by the applicant but there is nothing to substantiate this allegation and there is no allegation that the applicant has procured any objectionable material with which he could blackmail the victim coupled with the fact that the applicant is a young man aged 25 years having no criminal history and he is languishing in jail since 18.07.2025 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 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 24, 2025 -Amit K- BAIL No. 9241 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench