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2025 DAILYLAW 169414 (ALL)

NITIN KUMAR SAINI v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND 4 OTHERS

BAIL/12596/2024 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26298 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12596 of 2024 Applicant :- Nitin Kumar Saini Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 4 Others Counsel for Applicant :- Shaquiel Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shakil Ahmad, 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.518 of 2024, under Sections 363, 366, 376(3), 504, 506 I.P.C. and Section 5j(ii)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Sadar, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.07.2024 against four persons including the applicant on the basis of an application under Section 156 (3) Cr.P.C. alleging that the applicant had enticed away the informant's minor daughter on 04.04.2024. 4. In the statement of the victim recorded under Section 180 BNSS as well as in her statement recorded under Section 183 BNSS she has categorically stated that the applicant is related to her, she loves him and wanted to marry him but her father did not agree for her marriage with the applicant and therefore she had gone away from her home and married the applicant in a temple on 19.12.2023. Thereafter, she lived with the applicant as his wife. 5. The victim declined to undergo medico legal examination. 6. 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. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet submitted on 18.10.2024. 8. 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 against the applicant and that she declined to undergo medico legal examination; that the applicant has no previous criminal history and he is languishing in jail since 22.08.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Nitin Kumar Saini 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 :- 6.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench