Sanjay Pal Vs State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:25936

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1100 of 2025

Applicant :- Sanjay Pal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Shubham Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Shubham Singh, learned counsel for the applicant, Shri Ravi Srivastava, 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.359 of 2024 under Sections 137(2), 87, 64(1), 115(2) of B.N.S. & 3/4 P.O.C.S.O. Act registered at Police Station- Dargah Sharif, District- Bahraich.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.10.2024 against four persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 16 years.

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In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant and she used to talk to him through phone for the past one year. The applicant had called her for marrying her on 04.10.2024, he took her to Haryana and married him in a temple. Everything went well for about twenty days thereafter, the applicant started beating her after consuming liquor and he turned her away.

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The medico-legal examination report mentions no mark of injury or sign of use of force.

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In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and stated that she lived with the applicant as his wife but after some days, the applicant turned her away.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years

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having no criminal history and he has been falsely implicated in the present case.

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The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 01.12.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she stated that she knows the applicant for the past one year; she had gone with him and married him and has lived with him as his wife for about twenty days; it appears that subsequently, some dispute took place between the parties due to which the victim came back coupled with the fact that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 24.11.2024 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 in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Sanjay Pal 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 :- 5.5.2025 -Amit K-

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

Sanjay Pal v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and 3 Others

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Sanjay Pal v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and 3 Others

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