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2025 DAILYLAW 167812 (ALL)

VIKASH PATEL VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/11663/2024 · 2025-05-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30323 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11663 of 2024 Applicant :- Vikash Patel Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bharat Kumar Dixit,Mohd. Salman Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Salman, the learned counsel for the applicant, Mohd. Asif Khan, the learned AGA-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. 357/2024, under Sections 64, 137(2), 87 BNS and 5/6 POCSO Act, Police Station Salon, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.08.2024 stating that the applicant had enticed away the informant's sister aged 16 years in the night of 17.08.2024 and she had taken away Rs. 15,000/- with her. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she loves the applicant and she had gone with him to Delhi. She has stayed with him as his wife. Upon coming to know about the FIR she came back. She categorically stated that she wants to live with him only. 5. The medico legal examination of the victim revealed no mark of injury or sign of use of force and hymen is reported to be present. 6. In the statement of the victim recorded under Section 183 BNSS, she stated that she had gone with the applicant out of her own free will and she wants to live with the applicant only. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet dated 05.09.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant and that the applicant is a young man aged 20 years having no criminal history, he is languishing in jail since 28.08.2024 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-Vikash Patel Verma 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. Order Date :- 21.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench