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2025 DAILYLAW 169291 (ALL)

PRADEEP KUMAR VERMA ALIAS PINKU VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/12475/2024 · 2025-03-17

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15634 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12475 of 2024 Applicant :- Pradeep Kumar Verma Alias Pinku Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajesh Kumar, the learned counsel for the applicant, Shri Ashok Kumar Srivastava, the learned A.G.A. 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. 142 of 2024 under Sections 363, 376 I.P.C. & Section 5-(I)/6 of P.O.C.S.O. Act 2012 registered at Police Station Kothi, District Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 20.04.2024 alleging that the applicant had enticed away the informant's daughter aged about 16 years on 20.04.2024 at 11:30 AM. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that the applicant had taken her away for marrying her and that she wants to live with the applicant. In the statement of the victim recorded under Section 164 Cr.P.C. also, she stated that she wants to live with the applicant, although she alleged that the applicant had committed misdeed against her due to which she became pregnant. 5. The medico-legal examination report mentions age of the victim to be 17 years and the victim told the Doctor, who conducted her medico-legal examination, that she knows the applicant for about one year, the applicant had taken her away for marrying her, he made physical relations with her and he had promised to marry her when she becomes major. The medico-legal examination report mentions no injury on the victim's body. The pregnancy report is positive. 6. Learned A.G.A. has opposed the bail application on the basis of instruction. He has stated that the age of the applicant is 21 years as per the information available in the case diary. 7. The State has filed a counter affidavit annexing therewith the statements collected during investigation as well as a copy of the charge-sheet submitted on 23.06.2024. The charge-sheet mentions age of the applicant to be 21 years. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the consistent statement of the victim recorded by the Investigating Officer, the Doctor who conducted the medico-legal examination as well as the Magistrate, that the applicant had not taken her away forcibly and she had gone with him to marry him and that the applicant would marry her when she attains majority; the applicant is a 21 years old young man having no criminal history and he is languishing in jail since 22.04.2024; that investigation already stands completed and the charge-sheet has already been submitted way back on 23.06.2024 and that when young persons are in love, it becomes difficult for a boy to know the exact age of the girl and whether she had attained majority or not, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Pradeep Kumar Verma Alias Pinku Verma 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 :- 17.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench