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2025 DAILYLAW 168773 (ALL)

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

BAIL/12006/2024 · 2025-05-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27918 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12006 of 2024 Applicant :- Rakesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Alok Kumar Singh,Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amit Kumar, learned counsel for the applicant as also Sri Arvind Kumar Pandey, the learned A.G.A., and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 273 of 2024, under Sections 363/366/376 I.P.C. and Section 3/4, POCSO Act, Police Station Isha Nagar, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.06.2024 against three persons incuding the applicant and his brother stating that the accused persons had enticed away the informant’s daughter aged 15 years at 5.00 p.m. on 26.06.2024. 4. In the statement of the victim recorded under Section 180, B.N.S.S. she stated that she loves the applicant for the past six months. Her father was getting her married to some other person, therefore, she had gone away with the applicant about two months ago and has married him. Upon coming to know that the F.I.R. has been lodged by her father, she came back of her own. 5. The medico-legal examination report of the victim 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. also she reiterated her earlier version. 7. In the affidavit filed in support of the 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. 8. The State has filed a counter-affidavit annexing therewith copies of material collected during investigation and a copy of the chargesheet submitted on 01.09.2024 against the applicant only. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim, wherein she has not levelled any allegation against the applicant, the applicant is a youngman having no criminal history and he is languishing in jail since 17.08.2024, the investigation already stands concluded and chargesheet has been filed, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Rakesh 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 :- 12.5.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench