Naim Alias Chhanga vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:77369

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14768 of 2025

Applicant :- Naim Alias Chhanga Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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List revised. None appears for the informant though notice has been served upon her on 25.04.2025 as per instructions of learned A.G.A.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicant submits that the F.I.R. was lodged with the allegation that the applicant had enticed away the daughter of one Dilip who is the neighbourer of the informant. When the victim was recovered her statements under Sections 180 & 183 B.N.S.S. were recorded wherein she had specifically stated that on the date of occurrence she went on her own with the applicant and reached at Noida where they solemnized marriage and they lived together as husband and wife. As per her educational certificate the victim is 17 years of age. The victim had refused for her medical examination. Learned counsel further submits that as per statements of the victim she appears to be a consenting party and applicant has falsely been implicated. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 28.01.2025, with no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot

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be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant- Naim Alias Chhanga , be enlarged on bail in Case Crime No. 601 of 2024, under Sections 137(2), 87, 64 of B.N.S. read with Section 3/4 of Protection of Children From Sexual Offences Act and Section 3(2)5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police StationKotwali, District- Mainpuri, Kabir Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the 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 threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

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Order Date :- 12.5.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Naim Alias Chhanga v. State of U.P. and 3 Others

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Naim Alias Chhanga v. State of U.P. and 3 Others

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