Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 169475 (ALL)

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

BAIL/12680/2024 · 2025-05-05

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:25960 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12680 of 2024 Applicant :- Roshan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Akhand Pratap Verma,Maya Ram Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Maya Ram Yadav, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I 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.151 of 2024 under Sections 363, 366, 376(3) I.P.C. & 3/4(2) P.O.C.S.O. Act registered at Police Station- Tanda, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.05.2024 alleging that the applicant had enticed away the informant's daughter aged about 14 years. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she had herself called the applicant and had gone with him. She stayed with him for five days and had married the applicant. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 161 Cr.P.C., she reiterated her earlier version and she categorically stated that she had gone with the applicant out her own free will and the applicant has not committed any misdeed. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 07.06.2024. 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 commission of any misdeed against her coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 22.05.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Roshan 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 :- 5.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench