Hemant Vanshvaar Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Neutral Citation No. - 2025:AHC-LKO:16424

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10878 of 2024

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Applicant :- Hemant Vanshvaar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Applicant :- Akhil Kumar Singh, Gyanendra Pratap Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Akhil Kumar Singh, learned counsel for the applicant, Shri Satendra Kumar, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.207 of 2024, under Sections 363, 366, 376 I.P.C. & 3/4 P.O.C.S.O. Act registered at Police Station- Tarun, District- Ayodhya.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.06.2024 stating that the informant's 16 years old daughter had gone missing form his home and she was enticed away by unknown persons and he apprehended that she might be raped and sold away.

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In the statement of the informant recorded under Section 161 Cr.P.C., she stated that she is aged 16 years, she used to talk to the applicant on Instagram App, the applicant called her to Bhopal in the month of June, 2024 for marrying her, she went from Faizabad to Lucknow and from Lucknow to Bhopal; the applicant had paid the fair for her travel through online mode; the applicant had married her at Bhopal, when she told about her marriage to her parents, her parents asked her to come to Ayodhya alongwith the applicant. A photograph showing the applicant and the alleged victim has been annexed with the bail application. In the medico-legal examination report, no mark of

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injury or sign of use of force has been reported. The radiological examination for ascertaining the age of the victim has not been conducted.

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In the statement of the informant recorded under Section 164 Cr.P.C., she narrated altogether a different story implicating several other persons, who allegedly blackmailed and threatened her due to which she compelled to go to Bhopal where she met the applicant who married her.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is a 19 years old innocent boy, he has been falsely implicated in the present case and he has no criminal history.

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Learned A.G.A. vehemently opposed the bail application and on the basis of written instructions provided to him, he has stated that the information of the present application has been delivered to the victim/informant through police. The instructions provided to him do not contain any material from which it may transpire that ossification test was carried out to ascertain age of the victim.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the initial statement, the victim stated that she went to the applicant on her own by travelling to Lucknow by bus and then to Bhopal by train and thereafter she married the applicant and stayed with him as his wife and came back when her parents called her and the applicant upon coming to know about their marriage; that the victim has narrated altogether a different story in the statement recorded under Section 164 Cr.P.C. wherein she stated that her father had gone to Bhopal alongwith the police whereas the case diary mentions that the applicant had come to

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the police on his own; the applicant is a young boy aged about 19 years having no criminal history and he is languishing in jail since 08.07.2024, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Hemant Vanshvaar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 21.3.2025 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Hemant Vanshvaar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Hemant Vanshvaar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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