ARUN KUMAR v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/12187/2024 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168961 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168961 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28003 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12187 of 2024 Applicant :- Arun Kumar Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ram Lakhan Vishwakarma,Sumer Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ram Lakhan Vishwakarma, the learned counsel for the applicant, Sri Alok Kumar Tiwari, the learned AGA 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. 150/2023, under Sections 363, 366, 376(3) IPC and 3/4 POCSO Act, Police Station Khamariya, District Kheri. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.08.2023 against the applicant and his brother Sandeep Kumar, stating that applicant had enticed away the informant's daughter aged 15 years on 01.08.2025. In the statement of the victim recorded under Section 161 Cr.P.C. as also in the statement recorded under Section 164 Cr.P.C., she stated that she loves the applicant and she has gone with him out of her own free will and she has married him. The victim further stated that she has love with the applicant for past eleven months and she wants to live with him only. The medico legal examination report of the victim reveals no mark of injury or sign of use of force.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years having no criminal history and he has been falsely implicated in the present case. The State has filed a counter affidavit opposing the bail application annexing therewith copies of material collected during investigation and a copy of charge sheet submitted on 01.09.2024.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim where she has not levelled any allegation against the applicant and coupled with the fact that the applicant is a young man aged 21 years having no criminal history and he is languishing in jail since 01.08.2024 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.
8. Accordingly, this bail application stands allowed.
9. Let the applicant-Arun Kumar 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 :- 12.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench