SHATROHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/5018/2025 · 2025-06-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143543 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143543 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34397 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5018 of 2025 Applicant :- Shatrohan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Gyanendra Pathak,Adarsh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. None appears on behalf of the complainant. Learned AGA, as per the instructions, has informed the Court that notice to respondent no. 2 is served. In the prosecution case, it is alleged that the accused persons namely Daddan and Rohit have enticed away informant's daughter aged about 17 years on 21.02.2025.
Learned counsel for the applicant submits that role assigned to the applicant as well as co-accused Pawan is similar. The coordinate Bench of this Court vide order dated 27.05.2025 CRIMINAL MISC. BAIL APPLICATION No. - 4684 of 2025 has granted bail to Pawan. Applicant's counsel seek parity with the order of co-accused Pawan. It has been further submitted that in the medical examination, no injury or sign of force has been found. The victim has been opined to be 18 years old. The applicant is languishing in jail since 04.03.2025 without having any criminal antecedents. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged
on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the statements of the victim recorded under Section 180 and 183 BNSS; order of co-accused Pawan who was assigned similar role and considering the fact that applicant is languishing in jail since 04.03.2025 without having any criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Shatrohan involved in Case Crime No.42 of 2025 under Sections 137(2), 70(2) of B.N.S., Section 5g/6 of P.O.C.S.O. Act registered at Police Station- Ikauna, District- Shrawasti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 3.6.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench