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2025 DAILYLAW 168414 (ALL)

ARUN SINGH v. STATE OF U.P. THRU. PRIN. SECY. LKO AND 3 OTHERS

BAIL/11988/2024 · 2025-05-05

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25899 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11988 of 2024 Applicant :- Arun Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko And 3 Others Counsel for Applicant :- Mani Singh,Prince Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prince Singh, learned counsel for the applicant, Sri Ajeet Singh, learned Counsel 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.0417 of 2024, under Sections 87, 65(1), 351(3) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Reusa, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.08.2024 against the applicant and one Nankai alleging that the applicant had enticed away the informant's daughter aged about 19 years on 06.08.2024. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she had gone with the applicant out of her own freewill and she has married him. 5. The victim declined to undergo medico legal examination. 6. In the statement of the victim recorded under Section 183 BNSS she stated that she had gone with the applicant due to threat extended by him but she further stated that she did not raise her voice on the way as well as before the Registrar and she did not state that the applicant was marrying her forcibly. 7. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. A copy of the marriage certificate issued by Arya Samaj Mandir has been annexed with the bail application. 8. The State has filed a counter affidavit annexing therewith copy of material collected during investigation and a copy of charge sheet dated 02.11.2024. 9. Having considered the aforesaid facts and circumstances of the case prima facie it appears that the victim has married the applicant; that the applicant has no previous criminal history and he is languishing in jail since 05.10.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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. 112. Let the applicant-Arun Singh 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 :- 5.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench