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2025 DAILYLAW 167814 (ALL)

VIVEK NISHAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/11614/2024 · 2025-03-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14261 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11614 of 2024 Applicant :- Vivek Nishad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Lalit Kishore Tiwari,Himanshu Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Lalit Kishore Tiwari, learned counsel for the applicant and Shri Hari Shanker Maurya, learned for the State. 2. Upon oral prayer made by learned counsel for the applicant, he is permitted to correct the Section 84 BNS mentioned in the memo of the application, so as to replace it with Section 87 BNS. He may incorporate the aforesaid corrections forthwith. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.267 of 2024, under Sections 137(2), 84, 64 BNS and Section 3/4 POCSO Act, Police Station Gudamba, District Lucknow. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 08.07.2024 stating that informant's daughter aged 15 years has gone missing. 5. In the statement recorded under Section 180 BNSS, she stated that she was in a relationship with the applicant for the past 3 years; that her family members were against her relationship with the applicant and they used to beat her and for this reason she had asked the applicant to take her away. She further stated that she has married the applicant. A similar statement was given by the victim under Section 183 Cr.P.C. The medico-legal examination report of the victim mentions no mark or injury or sign of use of force on any part of her body; no medico-legal examination report has been held to ascertain the age of the victim. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. Having considered the aforesaid facts and circumstances of the case particularly the statement of the victim and the fact that the applicant has no criminal history, 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 Vivek Nishad 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