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2025 DAILYLAW 169578 (ALL)

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

BAIL/12757/2024 · 2025-04-05

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19191 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12757 of 2024 Applicant :- Shivpujan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Mohd. Islam Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Islam Khan, learned counsel for the applicant, Sri Anshuman Verma, 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.0216 of 2024, under Sections 137(2), 65(1) and 87 B.N.S. and Section 5/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bakshi Ka Talaab, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.07.2024, alleging that informant's daughter aged about 14 years had gone away from her home at about 6 p.m. on 19.07.2024. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 18 years, she loves the applicant, she had gone with him, she has married him and is living with him as his wife. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. Her radiological examination has not been ascertained for determining her age. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she has married the applicant. 4. 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. 5. The State has filed its counter affidavit annexing therewith copies of the material collected during the investigation and copy of charge- sheet submitted on 12.10.2024. 6. Although information of the present application has been delivered to the informant, no one has put in appearance on his behalf to oppose the bail application. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim, I am of the view that the applicant is entitled to be released on bail. 9. Accordingly, the instant bail application stands allowed. 10. Let applicant- Shivpujan 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 :- 5.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench