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2025 DAILYLAW 169297 (ALL)

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

BAIL/12604/2024 · 2025-05-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25574 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12604 of 2024 Applicant :- Shivam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sudhir Kumar Rai, learned counsel for the applicant, Sri Ravi Srivastava, 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. 450 of 2024, under Sections 64, 87, 137(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Maurawan, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.09.2024 alleging that the applicant had enticed away the informant's daughter aged about 16 years. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she used to talk to the applicant through phone and when her family members came to know about it, they became angry. She told it to the applicant and thereafter went with him to Lucknow and then to Ludhiana. She married the applicant in a temple at Ludhiyana and thereafter they stayed in a rented accommodation. 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 BNSS she reiterated her earlier version and she categorically stated that the applicant has not committed any misdeed and she came back with the applicant after coming to know about lodging of F.I.R. 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 dated 12.10.2024. 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 of commission of misdeed by the applicant; that the applicant is a young man having no previous criminal history and he is languishing in jail since 27.09.2024 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- Shivam 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