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2025 DAILYLAW 169319 (ALL)

SACHIN MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

BAIL/12498/2024 · 2025-05-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25582 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12498 of 2024 Applicant :- Sachin Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Priyanshu Somvanshi, Advocate holding brief of Sri Ankit Singh, learned counsel for the applicant, Sri Pranesh Kumar Sinha, learned Additional Government Advocate for the State, Sri Sameer Singh, the learned counsel for the victim and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 85 of 2024, under Sections 363/366/376 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Deeh, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.03.2024 against the applicant and four of his family members alleging the applicant is related to the informant and he enticed away the informant's daughter on 04.03.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she has gone with the applicant out of her own freewill and she wants to live with him only. She stated that she does not want to live with her parents. 5. The victim declined to undergo medico legal examination. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that her parents were making efforts to get her married with some other person and, therefore, she had herself gone away with the applicant after calling him. She stated that she wants to live with the applicant and the applicant has not committed any misdeed against her. 7. In the affidavit filed in support of 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 the copies of relevant materials collected during investigation and a copy of charge sheet dated 12.07.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has not levelled any allegation of commission of misdeed by the applicant coupled with the fact that the applicant has no previous criminal history, he is languishing in jail since 29.06.2024 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-Sachin Maurya 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