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2025 DAILYLAW 168515 (ALL)

SALEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/11859/2024 · 2025-05-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28692 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11859 of 2024 Applicant :- Saleem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajendra Prasad,Eshan Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Eshan Kumar Gupta, learned counsel for the applicant, Sri Diwaker Singh, 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.457 of 2024 under Sections 69 B.N.S, registered at Police Station- Bachrawan, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.08.2024, stating that the applicant sexually exploited the informant/victim for four years under allurement of marrying her but ultimately he declined to marry her. 4. In the statement of the victim recorded under Section 180 B.N.S.S, she stated that she is aged 19 years. She knows the applicant for the past four years and believing his promise of marriage, the applicant made physical relations with her. It continued for four years but ultimately the applicant declined to marry her. 5. The victim declined to undergo medico legal examination. 6. In the statement of the victim/informant recorded under Section 183 B.N.S.S, she reiterated her earlier version and she stated that both of them love each other. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 09.08.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant was major since inception of her relationship with the applicant; she has stated that she and the applicant both used to love each other and their relationship continued for more than four years; there is nothing on record which may prima facie indicates that the intention of the applicant since inception was to deceive the informant and that the applicant is a young man aged 23 years having no criminal history and is languishing in jail since 03.08.2024 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- Saleem 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 Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench