Allowed

Mohd. Alim Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC5 May 2025BAIL/12891/2024

Case brief

AI extract

What is this about?

Bail sought under Sections 69 and 331(4) BNS for relations with a 22-year-old informant on promise of marriage; no injury or force found in medico-legal report; applicant aged 19 and jailed since August 2024 with investigation concluded.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions.

Mohd. Alim Khan Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:25948

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12891 of 2024

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Applicant :- Mohd. Alim Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Jitendra Pratap Singh,Abhay Prakash Shukla,Akhilendra Pratap Singh,Atul Verma,Vinod Kumar Yadav

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Counsel for Opposite Party :- G.A.,Chandra Prakash Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Atul Verma, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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. 383 of 2024, under Sections 69, 331(4) B.N.S., registered at Police Station Bilgram, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.07.2024 stating that the informant is aged about 22 years, the applicant had been repetitively making physical relations with the informant under the allurement of marrying her. The informant's bhabhi saw them in an objectionable condition in the night of 31.07.2024.

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In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 22 years, she knows the applicant for the past two and half years and she loves him. However, she stated that the applicant made physical relations with her under the allurement of marrying her. When her bhabhi saw the applicant getting out of her home, she informed the village Pradhan and he called the police.

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The medico legal examination report of the victim revealed no mark of injury or sign of use of force.

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In the statement of the victim recorded under Section 183 BNSS she stated that she is in love with the applicant for the past two years and the applicant made physical relations with her during this period under allurement of marrying her without dowry.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed in para 14 of the affidavit filed in support of the bail application and the applicant has already been granted bail in that case by this court by means of an order dated 10.07.2023, passed in Criminal Misc. Bail Application No.1531 of 2023.

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The State has filed a counter affidavit annexing therewith a copies of material collected during investigation and a copy of charge sheet dated 08.09.2024. The arrest memo mentions the age of the victim to be 19 years.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim was major since inception of her relations with the applicant; that although the victim is aged 22 years, the applicant is aged merely 19 years and he has not attained the minimum age of marriage; that the medico legal examination report of victim mentions no mark of injury or sign of use of force on any part of her body; that the applicant is a young man and he is languishing in jail since 01.08.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are

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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-Mohd. Alim Khan 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 :- 5.5.2025 Ram.

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

Mohd. Alim Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Mohd. Alim Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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