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2025 DAILYLAW 59378 (ALL)

ABHISHEK v. STATE OF U.P.

BAIL/17629/2025 · 2025-07-31

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129785 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17629 of 2025 Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant-accused Deepak Kumar for the offence punishable under Sections 137(2), 87 of B.N.S. in Case Crime No.140 of 2025, Police Station-Gorakhnath, District Gorakhpur. 2. Sri Mohd. Shoeb Khan, learned advocate appeared for the applicant and submits that the accused applicant has been falsely implicated in the present case. The F.I.R. has been lodged against anonymous person on 29.03.2025 wherein it is alleged that victim was enticed by the accused. There is no independent witness for the alleged offence. He has not committed any offence with the prosecutrix as alleged in the F.I.R. The alleged offence is false and frivolous. It is further submitted that there is no criminal history against the accused applicant and he is languishing in jail since March, 2025. As such, he prays that the accused/applicant be enlarged on bail. 3. Per contra, learned AGA opposed the prayer for bail and submits that the charge sheet has been submitted. The accused is in jail since March, 2025. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the F.I.R. has been registered by grandfather on 29th March, 2025 under Section 137(2) B.N.S. with the allegation that an anonymous persons having the mobile number, has enticed his grand daughter, who is a student of National Public School Gorakhnath to go with him. Later on, the prosecutrix has been recovered. The statement of prosecutrix recorded under Section 183 B.N.S.S. reveals that she herself left her home to go along with Abhishek on 29th March, 2025, who is 19 years of age and studying in Chandigarh. She further stated that there is no sexual offence committed with her. The charge sheet has been submitted. The trial is not yet commenced. The accused is in jail since March, 2025, who is a student. 6. Hence, without touching merit of the case, the bail application is allowed. 7. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 1.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad