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2025 DAILYLAW 168126 (ALL)

LAL BAHADUR PATEL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. , LUCKNOW AND OTHERS

BAIL/11774/2024 · 2025-04-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20408 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11774 of 2024 Applicant :- Lal Bahadur Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. , Lucknow And Others Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.,Alok Kumar Tripathi Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sumit Kumar Srivastava, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I 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.273 of 2024 under Sections 323, 344, 363, 366, 376, 504, 506 I.P.C. & 3/4 of P.O.C.S.O. Act registered at Police Station- Lalganj Nagar, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.07.2024 against the applicant and his brothers, stating that the applicant had enticed away the informant's daughter aged 17 years on 03.09.2023 and he married her in presence of some members of the community as per Hindu rights and rituals. After sometime, the accused persons beat up the informant's daughter and turned her out of her matrimonial home. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 18 years, the applicant had married her in a temple and he kept her in his home for about 2- 3 months. Thereafter the applicant started ill-treating her. When some neighbors told it to her parents, her father took her back from her matrimonial home. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is young man aged 20 years who is innocent, 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 charge-sheet submitted on 09.09.2024. 9. A supplementary affidavit has been filed by the applicant stating that although he had been released on short term bail to enable him to appear in examination, after completion of the period of short term bail he has surrendered to custody on 17.03.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that undisputedly a marriage has taken place between the informant's daughter and the applicant; that although the FIR alleges that the applicant has turned his wife out of her matrimonial home, the victim had stated in her statement her father (the informant) had brought her back from her matrimonial home; that prima facie the FIR has been lodged because of some matrimonial dispute between the applicant and his wife and that the applicant is a young man having no criminal history and he is languishing in jail since 04.09.2024 whereas the investigation 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Lal Bahadur Patel 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 :- 10.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench