Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 185306 (ALL)

APHSAAN @ LADDAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

BAIL/6202/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6202 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA, Sri shiv Shyam Tiwari, learned counsel for and perused the record. No one appears for the opposite party No. 2/complainant, despite service of notice. 2. The applicant seeks enlargement on bail in FIR No. 23 of 2025, under Sections 115(2), 127(2), 65(2), B.N.S., Section 5/6, Protection of Children from Sexual Offences Act, 2012, P.S. Inhauna, District Amethi. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that the sister of the informant, aged about 17 years, was enticed by the applicant, and on the false pretext of marriage, physical relations were formed. In the statement of the victim recorded under Section 180 BNS, the victim admitted that she knew the applicant for the last one to two years and that the applicant had promised to marry her. In the statement recorded under section 183 BNS, it was also stated that physical relations were formed on various occasions; however, the applicant was not ready for marriage. The tentative age of the victim is around 17 years. 4. Learned AGA has opposed the bail application. 5. Considering the statements and the fact that the relationship continued for a substantial period of time, the applicant, who has been in custody since 6/4/2025 and has no criminal history, without commenting upon the Versus Counsel for Applicant(s) : Dilip Kumar Pandey Counsel for Opposite Party(s) : G.A., D.P. Dutt Tiwari, Shiv Shyam Tiwari Aphsaan @ Laddan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) merits of the case, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Aphsaan alias Laddan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 30, 2025 A.Nigam BAIL No. 6202 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench