Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18118 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11943 of 2024 Applicant :- Naseem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Eshan Kumar Gupta,Ajeet Kumar Singh,Ravindra Singh,Sheo Prakash Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ajeet Kumar Singh, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-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. 223/2024, under Sections 69, 115(2) of BNS, 2023 & Section 3/5 U.P. (Prohibition to Unlawful Conversion Act, 2021), Police Station Mall, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.07.2024 stating that the applicant had forcibly abducted the informant's daughter on 08.07.2024. The victim somehow returned home on 09.07.2024. The applicant had beaten and raped the informant's daughter during this period. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 18 years, she used to talk to
the applicant for the past 6 years, the applicant had called her by making a call on her mobile phone, in which he had allured to marry her; she had gone with the applicant to Lucknow and the applicant forcibly made physical relations with her. 6. The medico legal examination report of the victim does not mention any mark of injury or sign of use of force. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she is aged about 20 years, she knows the applicant for the past 6 years, both of them like each other and want to marry each other and they have made physical relations on numerous occasions with mutual consent. 8. However, she stated that the applicant had asked her to convert her religion. 9. The State has filed a counter affidavit opposing the bail application annexing therewith copies of material collected during investigation as well as the copy of a charge sheet submitted on 04.09.2024.
The informant has put in appearance through an advocate but no counter affidavit has been filed by him. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded by the Magistrate, coupled with the fact that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 11.07.2024 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Naseem 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 :- 1.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench