ANKUSH PAL @ RAGHVENDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS
BAIL/6016/2025 · 2025-07-08
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147809 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147809 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38518 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6016 of 2025 Applicant :- Ankush Pal @ Raghvendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per the instructions of the learned A.G.A., notices to the complainant is served. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. None appears for the complainant. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.596 of 2023, under Sections 363, 366, 354, 427, 506 I.P.C. and Sections 7/8 of the POCSO Act, P.S. Gangaghat, District Unnao. In the prosecution case it is alleged that on 07.10.2023 minor daughter of the informant aged about 16 years who was a student of Class-X went somewhere. It is further alleged that accused is suspected to have enticed her away. While going away the victim took Rs.85,000/- cash with her.
Learned counsel for applicant submits that statement of the victim under Sections 161 & 164 Cr.P.C. are totally contradictory. The victim has not been subjected to radio- logical examination as per school record victim is 16 years and 3 months old on the date of incident. There is no corroborative medical evidence. In support of prosecution case, the applicant is in jail since 03.12.2023. The victim as well as complainant have already been examined before the trial court, there is no
possibility of tampering the evidence. He submits that the applicant is in jail since 03.12.2023. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 03.12.2023, statement of the victim under Sections 161 & 164 Cr.P.C., lack of corroborative medical evidence and the fact that victim and complainant have been examined before the trial court, there appears to be no possibility of tampering the evidence and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Ankush Pal @ Raghvendra be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 :- 8.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench