Rohit @ Mohit Vs State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

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Neutral Citation No. - 2025:AHC-LKO:26289

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12372 of 2024

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Applicant :- Rohit @ Mohit Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others

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Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vijay Kumar, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned Additional Government Advocate 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. 144 of 2024, under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sursa, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.04.2024 against the applicant and an unknown person alleging that the informant's sister was seen with the accused persons when she had gone with some one at about 08.30 a.m. on 11.04.2024. Although, the F.I.R. does not specifically say so, it appears that the purport of the informant was that the accused persons had enticed away the informant's sister.

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In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she is aged about 17 years, she knows the applicant for the past one year and he is related to her. The applicant gave her a mobile phone with which she used to talk

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to him daily. She had made physical relations with the applicant due to which she had got pregnant. She stated that she had gone with the applicant to Delhi where she married him in a temple. She categorically stated that no force was used against her by the applicant.

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The medico legal examination report of the victim revealed no mark of injury or sign of use of force. The pathological examination report mentions no spermatozoa seen in the vaginal smear slide. The pregnancy test was found negative.

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In the statement of the victim recorded under Section 164 Cr.P.C. she reiterated her earlier version. As per the educational certificate the date of birth of the victim is 10.03.2008 and as per radiological examinatl report also she is aged about 17 years.

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In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and copy of a charge sheet dated 31.07.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in both her statements the victim has not levelled allegation of commission of any misdeed by the applicant and in both the statements she stated that she loves the applicant and she has married him; that the applicant is a young man having no previous criminal history and he is languishing in jail since 07.07.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the

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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-Rohit @ Mohit 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 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;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 6.5.2025 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rohit @ Mohit v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

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Rohit @ Mohit v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

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