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2025 DAILYLAW 167831 (ALL)

SHIVAM SINGH v. STATE OF U.P. THRU. ITS SECY. HOME LKO AND 3 OTHERS

BAIL/11629/2024 · 2025-03-07

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14263 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11629 of 2024 Applicant :- Shivam Singh Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko And 3 Others Counsel for Applicant :- Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Suresh Chandra Srivastava, learned counsel for the applicant and Shri Arun Kumar Verma, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.145 of 2023, under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, Police Station Gosainganj, District Sultanpur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 24.03.2023 alleging that the informant's daughter aged about 15 years had gone out of her home at about 7.30 pm on the pretext of attending nature's call, but she did not come back. The informant suspected that the applicant has enticed her away. The victim was recovered from a hostel on 15.12.2024. In her statement under Section 161 Cr.P.C. as well as 164 Cr.P.C. she stated that she knows the applicant since her childhood and she used to talk to him for the past four years and had also married with him. She further stated that she is living with the applicant as his wife for the past one and a half years. 4. The victim declined to undergo medico-legal examination but in her statement recorded under Section 164 Cr.P.C. she stated her age as 20 years and she stated that the applicant has not committed any misdeed with her. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 26 years and is innocent, he has been falsely implicated in the present case and he has no criminal history. He is in jail since 12.09.2024. 6. Having considered the aforesaid facts and circumstances of the case and particularly keeping in view the statement of the victim and the fact that the applicant has no criminal history and is languishing in jail since 12.09.2024, 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant Shivam Singh 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