SHANI @ SANI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/9297/2025 · 2025-09-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167402 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167402 (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. - 9297 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Vijay Bahadur Yadav, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I 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.69 of 2025, under Sections 137(2), 87 of B.N.S. and Section 9 of Prohibition of Child Marriage Act, registered at Police Station Bewana, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. alleging that the applicant had enticed away the informant's daughter aged 13 years. 4. In the statement recorded under Section 180 BNSS, the victim stated that she had herself gone with the applicant. After her father made a phone call, the applicant brought her back to her home but her family members again sent her with the applicant to his home. Thereafter, the applicant's father got her married to the applicant. The victim declined to undergo medico-legal examination. 5. In the statement recorded under Section 183 BNSS, the victim reiterated her earlier version. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent young man aged 22 years, he has been falsely implicated in the present case and he has no criminal history. 7. Learned A.G.A.-I has opposed the bail application and she has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 25.06.2025. Versus Counsel for Applicant(s) : Vijay Bahadur Yadav, Ankit Counsel for Opposite Party(s) : G.A. Shani @ Sani .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim coupled with the fact that the applicant is a young man having no criminal history 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. 9. Accordingly, this bail application stands allowed. 10.
Let the applicant - Shani @ Sani 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 25, 2025 S. Shivhare BAIL No. 9297 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench