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2025 DAILYLAW 167832 (ALL)

DINESH ALIAS MANNILAL ALIAS MANIRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/11607/2024 · 2025-05-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28689 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11607 of 2024 Applicant :- Dinesh Alias Mannilal Alias Maniram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rehan Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rehan Ahmad Siddiqui, learned counsel for the applicant, Sri Satyendra Srivastava, learned A.G.A. 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.324 of 2024 under Sections 363, 366, 376 I.P.C. and Section 5j(2)/6 of Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station- Maholi, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged 27.05.2024 against five persons, including the applicant in furtherance of an application under Section 156(3) Cr.P.C, stating that the applicant had enticed away the informant's daughter aged 17 years on 27.04.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C, she stated that she is aged 17 years and 6 months, her family members wanted to get her marry forcibly and, therefore, she had gone away from her on 25.04.2024. She met the applicant at Sonipat and married him. She categorically stated that the applicant has not committed any misdeed against her. 5. The victim declined to undergo medico legal examination. 6. A similar statement was given by the victim while recording her statement under Section 164 Cr.P.C. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 09.09.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim where she has not levelled any allegation against the applicant and that the applicant has no criminal history and is languishing in jail since 16.07.2024 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- Dinesh Alias Mannilal Alias Maniram 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 :- 15.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench