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2025 DAILYLAW 118588 (ALL)

SHAHRUKH v. STATE OF U.P. THRU.SECY. HOME DEPTT. LKO AND 3 OTHERS

BAIL/645/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48826 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 645 of 2025 Applicant :- Shahrukh Opposite Party :- State Of U.P. Thru.Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Syed Nayab Raza,Ajay Kumar Mishra,Alok Kumar Tripathi,Hemant Kumar Pandey,Osama Syed,Riyaz Ahmad,Upendra Pratap Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Singh,Rakesh Kumar Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Riyaz Ahmad, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.458 of 2024, under Sections 127(1), 74 B.N.S. and Sections 7/8 of POCSO Act, registered at Police Station Gudamba, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.11.2024 alleging that while the informant's daughter aged 14 years was returning home from her school, the applicant molested her. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit opposing the bail application and annexing therewith copies of materials collected during the investigation and a copy of the charge sheet dated 18.11.2024. 6. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement of the victim recorded by the trial court. He has further submitted that although the victim has supported the prosecution case in her examination-in-chief, she has turned hostile during her cross- examination. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 16.11.2024 and he has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shahrukh 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:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Order Date :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench