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2025 DAILYLAW 44159 (ALL)

KARAN KUMAR v. STATE OF U.P.

BAIL/12953/2025 · 2025-04-21

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60865 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12953 of 2025 Applicant :- Karan Kumar Opposite Party :- State of U.P. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The F.I.R. was lodged by the informant with the allegation that on 23.01.2025 she went to the agricultural field to bring fodder and at that time her daughter aged about 16 years was present in the house, when she returned she did not found her daughter. Then she inquired and went to the applicant's house where he did not met her, then she asked the mother of the applicant but she did not tell anything. Thus, the informant suspects that her daughter had been enticed away by the applicant. When the victim was recovered her statements recorded under Section 180 & 183 B.N.S.S were recorded, wherein she has stated that she is aged about 16 years, she went with the applicant to Mumbai by train and solemnized marriage with him where they stayed for 18 days. She had specifically stated that no physical relation was made between them. On external examination of the victim no injury was found. The victim had denied for her internal medical examination. As per the prosecution case the victim was 16 years of age. Thus, taking variation of two years the victim appears to be major. Thus, victim is a consenting party and the applicant has falsely been implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 12.02.2025, with no criminal history. 3. Though, the learned A.G.A. for the State has opposed the prayer for bail but he has not disputed that as per the statements of the victim she had solemnized marriage with the applicant on her own wishes. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Karan Kumar, be enlarged on bail in Case Crime No. 19 of 2025, under Sections 137(2), 87 of B.N.S., Police Station- Khakheru, District- Fatehpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 22.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad