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2025 DAILYLAW 199240 (ALL)

SHRAWAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/9341/2025 · 2025-10-06

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9341 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ajay Kumar Singh, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and Ms. Laxmi Verma, the learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0209 of 2025, under Sections 137(2), 87 B.N.S and Section 7/8 of Protection of Children from Sexual Offences Act, registered at Police Station Gurrubaksh Ganj, District Raebareli. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 23.07.2025, stating that the applicant had enticed away the informant's daughter aged 17 years on 03.07.2025 but thereafter, she returned home on the next date. The applicant again enticed her away in the night of 21/22.07.2025, 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant for the past one year, she had gone away with the applicant about 6 months ago but thereafter, she had come back home. She again went away with the applicant on 03.07.2025 but her family members brought her back. She stated that she had herself called the applicant at her tube-well on 21.07.2025, she kept on waiting for him but he did not come there and she came back home. 5. The victim gave a similar statement before the Magistrate also. Versus Counsel for Applicant(s) : Ajay Kumar Singh, Astha Singh Counsel for Opposite Party(s) : G.A. Shrawan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. The victim declined to under go medico legal examination. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 28.07.2025. 9. The learned counsel for the complainant has also vehemently opposed the bail application. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim, coupled with her denial to undergo medico legal examination as also the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 24.07.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Shrawan be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. October 6, 2025 Preeti BAIL No. 9341 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench