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2025 DAILYLAW 183859 (ALL)

AAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/11764/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11764 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant as also the learned A.G.A. for the State and perused the record. 2. The applicant has filed this application seeking bail in Case Crime No. 0167 of 2025 under Sections 87, 137(2), B.N.S., P.S. Katka, District Ambedkar Nagar. 3. Learned counsel for the applicant has invited attention of the court towards the statement wherein the victim has stated that her family wanted to marry a man of 40 years of age, that is why she had left her house. The applicant met there and she had gone to the Nani’s house. She has further stated that no physical assault was done by the applicant. The learned counsel also submitted that statement of the victim recorded under Section 183, B.N.S.S. indicate that the applicant has been falsely implicated, as there is no allegation of physical assault upon the prosecutrix. The applicant has no criminal history and he is in jail since 10.09.2025. 4. Learned A.G.A. has opposed the prayer for bail, but he could not dispute the facts stated above. 5. Considering the overall facts and circumstances of the case particularly the facts that there is no allegation of physical assault upon the prosecutrix, it is a fit case for bail. The application is accordingly allowed . 6. Let the applicant Aakash be released on bail in the aforesaid F.I.R./Case Crime No. 0167 of 2025 on his furnishing a personal bond and two sureties, each in the like amount to the satisfaction of the court concerned, on the following conditions: (i) the applicant shall not tamper with the prosecution evidence; Versus Counsel for Applicant(s) : Manav Mishra, Saurabh Upadhyay Counsel for Opposite Party(s) : G.A. Aakash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) (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. November 28, 2025 A.Nigam BAIL No. 11764 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench