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2025 DAILYLAW 168094 (ALL)

NIRAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS

BAIL/11667/2024 · 2025-03-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14267 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11667 of 2024 Applicant :- Niraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Anita,Aditya Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Aditya Kumar, 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.268 of 2024, under Sections 363, 366, 376(3) IPC and Section 3/4 POCSO Act, Section 3(2) (v) SC/ST Act, Police Station Kotwali City, District Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 26.04.2024 alleging that one Surjeet has enticed away the informant's daughter on 23.04.2024. 4. On 05.05.2024, statement of the victim was recorded under Section 161 Cr.P.C. She stated that her parents had scolded her on 23.01.2024. She also stated that the applicant is her friend and she loves him, therefore, she called the applicant and went with him. The medico-legal examination report of the victim does not mention any mark of injury or use of force on any part of her body. The Pathological Examination report also does not support the allegation of commission of any misdeed. During medico-legal examination the victim told her age to be 22 years, however, as per the radiological report her age is 16 years. In the statement recorded under Section 164 Cr.P.C., she stated that the applicant is her friend and she had gone with him. She did not allege use of force by the applicant. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent young man of age 19 years, he has been falsely implicated in the present case and he has no criminal history. 6. Having considered the aforesaid facts and circumstances of the case and also keeping in view the fact that the applicant is a young man aged 19 years coupled with the fact that he is in jail since 28.06.2024 and 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant Niraj 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