GYAN SHANKAR @ KAPIL v. STATE OF UP THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
BAIL/11610/2024 · 2025-04-29
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 167856 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167856 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24994 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11610 of 2024 Applicant :- Gyan Shankar @ Kapil Opposite Party :- State Of Up Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Prabhat Kumar Mishra,Arun Kumar,Chetan Kumar Tiwari,Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Smriti, learned counsel for the applicant and Sri Jayant Singh Tomar, the learned A.G.A.-I.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 151 of 2024, under Sections 363,366,376, I.P.C. and Section 3/4 POCSO Act, Police Station Fatehpur Chaurasi, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.05.2024 against the applicant and his sister Km. Seema stating that the applicant had enticed away the informant’s daughter, aged 16 years, with the assistance of his sister. 4. In the statement of the victim recorded under Section 161, Cr.P.C. as also in her statement recorded under Section 164, Cr.P.C. she stated that she had gone with the applicant out of her own freewill. She has married with the applicant and she is residing with him in the house of his sister. The victim declined to undergo medico-legal examination. 5. Medico-legal examination report revealed no injury on the body of the victim and she declined to undergo internal medico- legal examination. 6. In the affidavit filed in support of the bail-application, it has been stated that the applicant is innocent. He has been falsely implicanted in this case and he has no criminal history. It has further been stated in the affidavit that the applicant has married the alleged victim on 17.07.2023 and their marriage has been registered in the office of the Marriage Registrar Officer, Lucknow, on 03.07.2024. 7. The learned A.G.A. has opposed the bail-application and he has submitted that the allegations have been established during investigation and chargesheet has been submitted against the applicant. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10.
Let the applicant- Gyan Shankar alias Kapil be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 29.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench