Karan Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:15963

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 229 of 2025

Applicant :- Karan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Niyaj Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Shashilata Pandey, Advocate holding brief of Shri Niyaj Ahmad, the learned counsel for the applicant and Shri Diwakar Singh, the learned A.G.A.-I for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 293/2024, under Sections 137 (2), 64 of B.N.S., 2023 & Section 3/4 of POCSO Act, 2012 Police Station Raje Sultanpur, District Ambedkar Nagar.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 09.10.2024 against one Mohit, his family members and an unknown associate, stating that the informant's daughter aged 15 years had gone to school on 05.10.2024 and she did not come back. Upon making inquiries, the informant came to know that Mohit had enticed her away. In the statement of the victim recorded under Section 180 BNSS, she stated that she knows the applicant from the past 2 years, on 05.10.2024 she had gone alone from her home at 9:00 A.M. and she went to Mubarakpur, Punjab where she met the applicant. The applicant helped her in getting a room. She used to live alone in the room. When the applicant came to know that about the criminal case, he brought her back. She categorically stated that no misdeed had been committed against her.

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During medico legal examination, the victim stated that she knows the applicant for the past two years and he is her friend. She had gone to Punjab where the applicant made physical relations with her. The medico legal examination report mentions absence of mark of injury or sign of use of force. In the statement of the victim recorded under Section 183 BNSS, she stated that she had gone to Punjab where she stayed with the applicant and the applicant had raped her. She further alleged that she was beaten up by Sanju and the incident was videographed and she was threatened that her video will be

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spread virally.

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In the affidavit filed in support of the application, it has been stated that the applicant is a young boy aged 18 years having no criminal history, he is languishing in jail since 29.10.2024 and he has been falsely implicated in the present case.

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The State has filed the counter affidavit annexing therewith copies of material collected during investigation, a copy of the charge sheet dated 09.12.2024 and a copy of intimation of this application given to the informant/ victim.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has consistently stated that she knew the applicant for the past two years and it appears that they were in a relationship; that in her initial statement the victim categorically stated that no misdeed had been committed against her and that the applicant is a young man aged 18 years having no criminal history and he is languishing in jail since 29.10.2024, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant- Karan 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;

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(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 :- 19.3.2025 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Karan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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Karan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

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