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2025 DAILYLAW 170198 (ALL)

SHRI KESHAN @ SHRIKRISHNA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND 3 OTHERS

BAIL/13102/2024 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26319 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13102 of 2024 Applicant :- Shri Keshan @ Shrikrishna Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Vineet Kumar Mishra,Rajeev Kumar Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vineet Kumar Mishra, learned counsel for the applicant, Sri Diwakar Singh, 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. 292 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and Section 5(J)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mallawan, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.07.2024 alleging that the applicant had enticed away the informant's daughter aged about 15 years. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she has gone away with the applicant from her home out of her own freewill and she has married the applicant and she wants to live with the applicant only. Some photographs showing marriage ceremony being performed with the applicant and victim have been annexed with the affidavit. 5. In the statement of the victim recorded under Section 183 BNSS also she reiterated her earlier version. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 23 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. Although, on 19.12.2024 the State was granted time to file a counter affidavit, but no counter affidavit has been filed till date. 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 wherein she has not levelled any allegation against the applicant; that the applicant has no previous criminal history and he is languishing in jail since 17.08.2024 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- Shri Keshan @ Shrikrishna 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