ROHIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/12072/2024 · 2025-05-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168879 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168879 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25592 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12072 of 2024 Applicant :- Rohit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Archana Rawat,Rahul Kumar Kaushal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Archana Rawat, 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. 578 of 2024, under Sections 363, 366, 504, 506, 376(3) I.P.C. and Section 5(1), 5(j) (ii)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Fatehpur, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.07.2024 against three persons, including the applicant stating that the applicant had enticed away the informant's daughter aged about 13 years on 08.05.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she knows the applicant for the past two years, she loves him and wants to live with him. She stated that she had gone with the applicant out of her own freewill and nobody had enticed her away. 5. The medico legal examination report of the victim revealed
no mark of injury or sign of use of force. The victim declined to undergo radiological examination for ascertaining her age as she was pregnant. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that although she is aged about 18 years, her year of birth has wrongly been mentioned in the educational records as 2011. She reiterated her previous version and stated that she has married the applicant. She has a pregnancy of three months. She wants to live with the applicant, but her family members are not agreeing although the applicant's family members are willing to accept her in their family. She stated that her family members used to beat her and she wants to live with her husband only. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 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. 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 of commission of misdeed by the applicant coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 05.07.2024 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.
11. Let the applicant-Rohit Kumar 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