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2025 DAILYLAW 124669 (ALL)

SUNIL KUMAR RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/1580/2025 · 2025-10-09

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1580 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.948 of 2024, under Section 376(3) IPC and Sections 5(j)(ii)/6 POCSO Act, P.S. Fatehpur, District Barabanki. 3. Learned counsel for the applicant states that the FIR in question was lodged alleging that the daughter of the informant complained of some stomach ache and when she was shown to a doctor it was stated that she was pregnant. It is stated that the applicant had enticed her around 7 to 8 months ago and had made physical relations. In her statement under Section 183 BNSS the victim stated that she knew the applicant for last two years and use to like each other and because of physical relations, she became pregnant. She also stated that she wanted to marry him. Learned counsel for the applicant also states that the applicant also wants to marry the victim if she agrees. 4. Learned AGA has opposed the bail application. 5. Considering he statement of the victim under Section 183 BNSS and the age of victim which is 18 years, however, without commenting upon the merits of the case, the applicant who is in jail since 19.11.2024 and having no criminal history is entitled to be enlarged on bail. In view Versus Counsel for Applicant(s) : Suresh Kumar Yadav, Smriti Counsel for Opposite Party(s) : G.A., Gajendra Kumar Mishra, Rahul Yadav Sunil Kumar Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) thereof, the application is allowed. 6. Let the applicant Sunil Kumar Rawat be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 9, 2025 J. K. Dinkar BAIL No. 1580 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench