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2025 DAILYLAW 167813 (ALL)

VIKAS TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

BAIL/11686/2024 · 2025-03-07

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14271 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11686 of 2024 Applicant :- Vikas Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Mahendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Mahendra Kumar Tripathi, learned counsel for the applicant and Shri Anant Pratap Singh, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.200 of 2023, under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, Police Station Gomti Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 09.04.2023 stating that informant's daughter aged 14 years had gone away from her home on 08.04.2023 at about 8.50 am. She had gone away from home on two previous occasions also. 4. The victim was recovered on 05.07.2023 and in her statement recorded under Section 161 Cr.P.C., she stated that she had gone away from her home on her own. She met with the applicant outside Collector Ganj Police Station and told him that she was alone and she went with him to his home and lived with his family members. She had telephonically informed her mother that she is married and is pregnant, although this fact is not correct. 5. The medico-legal examination report of the victim does not mention any mark of injury or any use of force. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent young man aged 20 years, he has been falsely implicated in the present case and he has no criminal history. He is in jail since 06.07.2023. 6. The police has already submitted a charge sheet on 22.07.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and is languishing in jail since 06.07.2023, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant Vikas Tiwari 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. (Subhash Vidyarthi, J.) Order Date :- 7.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench