LAKHA @ DIVYANSH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11930/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176641 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11930 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. In the prosecution case, it is alleged that on 28.04.2025, the minor daughter of the informant was enticed away by the applicant. It is further alleged that while leaving she took a gold earrings and Rs. 15,000/- in cash with her. Learned counsel for the accused-applicant submits that the applicant is innocent and has been falsely implicated in the case. The victim, in her statement recorded under Section 180 of the BNSS, stated that due to beatings given by her mother, she accompanied the applicant to Delhi of her own volition. In her statement recorded under Section 183 of the BNSS, the victim stated that she had known the applicant for the last two years and had worked with him at Noida making furniture. No wrongdoing has been committed by the applicant. As per the school record, the victim is 17 years and 4 months old; however, no radiological test has been conducted. The charge sheet in the case has already been filed. It has been further submitted that applicant having no criminal history has been languishing in jail since 20.08.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Versus Counsel for Applicant(s) : Abhishek Singh Counsel for Opposite Party(s) : G.A. Lakha @ Divyansh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
On due consideration of facts that the applicant having no criminal history has been languishing in jail since 20.08.2025, the charge sheet in the case has been filed and the statements under Sections 180 and 183 BNSS, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.
Let the applicant- Lakha @ Divyansh, involved in Case Crime/FIR No. 178 of 2025 under Sections 137(2), 87 BNS, Police Station-Mailani, District- Lakhimpur Kheri, be released on bail 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 Vinay/- BAIL No. 11930 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench