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2025 DAILYLAW 184813 (ALL)

FIROZ ALAM THRU. HIS FATHER TAJ ALI (DABLU) v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

CRLR/1261/2025 · 2025-11-10

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1261 of 2025 Court No. - 27 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Ashwani Kumar Singh, learned counsel for the revisionist and learned Additional Government Advocate appearing for the State. 2. Learned Additional Government Advocate appearing for the State, at the very outset, has informed that he had received instructions in writing from the Police Station Karaundikala, District Sultanpur, wherein it had been stated that the information, in respect of pendency of this criminal revision, had already been given to Opposite Party No. 2. 3. The captioned criminal revision has been filed challenging therein, the order dated 12.08.2025 passed by the learned Juvenile Justice Board, District Sultanpur, arising out of Case Crime No. 77 of 2025, registered under Sections 137, 87 & 64 B.N.S. 2023, Sections 3/4 P.O.C.S.O. Act and 3(1) Da, Dha and 3(2)(v) S.C./S.T. Act, Police Station- Karaundikala, District-Sultanpur, whereby the application for bail filed by the revisionist had been rejected. 4. It has been contended on behalf of the revisionist that from bare perusal of the statement of the victim, recorded under Section 183 B.N.S.S. 2023, it clearly comes out that she was a consenting party and on her own free will, she went away with the revisionist. It has further been contended that when the revisionist and victim were caught by one relative of the victim then the entire story had been crooked up and criminal case had been Versus Counsel for Revisionist(s) : Ashwani Kumar Singh, Anurag Singh Counsel for Opposite Party(s) : G.A. Firoz Alam Thru. His Father Taj Ali (Dablu) .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) lodged. 5. Learned counsel appearing for the revisionist has argued that it is apparent from the face of record that the entire prosecution story is an afterthought and the victim was a consenting party. 6. Learned Additional Government Advocate appearing for the State has opposed this criminal revision. 7. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that from the contents of the statement of the victim recorded under Section 183 B.N.S.S. 2023, it is apparent that the victim with her own free will went away with the revisionist and continued to travel through public places. I further find that the victim herself had stated that when she alongwith revisionist was moving at a place, they were caught by her relative and thereafter, the criminal case had been registered. Prima facie, it appears that the entire prosecution story is an afterthought and the victim was a consenting party. 8. In view of the aforesaid reasons, the instant criminal revision is hereby allowed. 9. The order dated 12.08.2025 passed by the Juvenile Justice Board, District Sultanpur is hereby set aside. The Juvenile Justice Board, District Sultanpur/competent court is hereby directed to enlarge the revisionist on bail in the aforesaid case crime number, on furnishing two sureties and a personal bond to the satisfaction of the court concerned with the following conditions:- (i.) The revisionist shall cooperate in early disposal of the case without seeking unnecessary adjournments. (ii.) The revisionist shall not indulge in any criminal activity or commission of any crime after being released on bail. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that the observations made by this Court in this order CRLR No. 1261 of 2025 2 are tentative in nature and therefore, any observation or any finding recorded by the Court in this order shall not affect the merits of the trial to be conducted against the revisionist.. November 10, 2025 Satish CRLR No. 1261 of 2025 3 (Manjive Shukla,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench