Vaibhav Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:123843

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20827 of 2025

Applicant :- Vaibhav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Avinash Singh Chauhan,Virendra Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Virendra Singh Chauhan, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on record.

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Vide order dated 17.06.2025 notice was issued to the opposite party no.2 / informant. As per the office report dated 07.07.2025 a report regarding service of notice has been received. The report dated 05.07.2025 of the Chief Judicial Magistrate, Ghaziabad is on record which states that notice has been served on the opposite party no.2. Despite service of notice, no one appears on behalf of the opposite party no.2.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Vaibhav , seeking enlargement on bail during trial in connection with Case Crime No. 241 of 2024, under Sections 363, 376 I.P.C. and 5/6 POCSO Act, Police Station Sihanigate, District Ghaziabad.

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The first information report of the present matter was lodged on 23.04.2024 by Praveen Kumar against the applicant alleging therein that his daughter aged about 16 years went missing from the house on 20.04.2024 at about 2 am. He has suspicion that she has went with Vaibhav (the present applicant) since even 10 months earlier he had kidnapped his daughter and went away regarding which a first information was lodged and Vaibhav was arrested and sent to jail. His daughter was living in shelter home. He had consoled his daughter a lot and then brought her back to the house. She is a minor girl and does not know about life. Vaibhav has again lured and enticed away her.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim went with the applicant out of her own sweet-will. It is submitted that even earlier the victim had gone with the applicant out of her own sweet-will regarding which a first information was lodged by the informant. It is submitted that apart from the present case the applicant is involved in three other cases, the disclosure & explanation is given in paragraph 20 of the affidavit. The applicant is in jail since 02.06.2024.

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Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the victim is a minor girl aged about 16 years as her date of birth as per the records is 04.03.2008. It is submitted that even earlier the applicant had kidnapped the victim girl for which a first information report was lodged and he was arrested. It is second offence by the applicant of the same nature with the same victim. It is submitted that apart from the said case, the applicant is also involved in other criminal cases and even in a case under the Gangsters Act which has been disclosed in paragraph 20 of the affidavit. It is submitted that as such there is repetition of the same offence by the applicant with regard to the same victim. It is further submitted that even the applicant has misused the liberty of bail granted to him in the earlier case concerning the said victim wherein he was granted bail vide order dated 06.04.2023 passed by the Session Judge, Gaziabad. It is submitted that as such the prayer for be rejected.

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After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a minor girl aged about 16 years as per the records. The applicant is named in the first information report and also by the victim during investigation. The applicant has previous criminal antecedents. He is involved in a case of same nature relating to the same victim even earlier. This is a repetition of the same offence. No ground for bail is made out.

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