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2025 DAILYLAW 168600 (ALL)

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

BAIL/11935/2024 · 2025-05-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25600 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11935 of 2024 Applicant :- Abhishek Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Balak Ram,Rahul Srivastava,Subham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Subham Srivastava, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate 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. 221 of 2024, under Sections 137(2), 87, 64(1) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Ahirauli, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.07.2024 alleging that the applicant had enticed away the informant's daughter aged 17 years. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she was having a love affair with the applicant for the past two years, her family members were not agreeing to get her married to the applicant and she had gone away from her home to the applicant's home and she wants to marry him. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. As per the radiological examination report the aged of victim has been opined to be between 15-16 years. 6. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version and she stated that she had made physical relations with the applicant out of her own freewill. 7. In the affidavit filed in support of bail application it has been stated that the applicant is young man aged 19 years, he 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 the copies of relevant materials collected during investigation and a copy of charge sheet dated 21.09.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation against the applicant in any of her statements, coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 01.08.2025 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. 11. Let the applicant-Abhishek 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 :- 2.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench