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2025 DAILYLAW 79268 (ALL)

GULFAN v. STATE OF U.P.

BAIL/26304/2025 · 2025-07-30

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129047 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26304 of 2025 Applicant :- Gulfan Opposite Party :- State of U.P. Counsel for Applicant :- Poonam Mishra Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. By means of this bail application the accused-applicant has prayed to be enlarged on bail in Case Crime No.77 of 2025 for offence punishable under Sections 137(2), 87 of B.N.S., P.S. Jahanabad, District Fatehpur. 2. Smt. Poonam Mishra, learned counsel appears for the applicant and submits that the applicant has been falsely implicated in the case. The FIR has been registered on 29.05.2025 whereas incident is reportedly of 27.05.2025 against accused-applicant with the allegation that he had enticed away the minor daughter of the informant. It is further stated that the statement of the victim recorded under Sections 180 and 183 Cr.P.C., wherein she has not made any allegation of rape against the applicant. She has admitted that she eloped with the applicant on her own sweet will. 4. Learned A.G.A. has vehemently opposed the bail and submitted that the charge sheet has been submitted. 5. This Court has taken into consideration the rival submission made by the parties. 6. The record prima facie reveals that the accused has been arrested subsequent to the incident on 01.06.2025. The charge sheet has been submitted. The FIR has been lodged on 29.5.2025 in respect to the incident occurred on 27.05.2025 when the informant has stated that his daughter has been taken by the accused. The recovery of daughter was made from the bus stand. The statement of the victim is that she went along with accused on her own, as she was in love with him. There is no allegation of sexual act against the accused. The accused is languishing in jail since June, 2025. 7. As such, without touching the merit of the case, the bail application is allowed. 8. Let the accused-applicant Gulfan involved in above mentioned case crime number be enlarged on bail subject to furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. Order Date :- 31.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad