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2025 DAILYLAW 148190 (ALL)

BABLU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/5803/2025 · 2025-07-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37338 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5803 of 2025 Applicant :- Bablu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ram Asarey Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.76 of 2025, under Section 137(2), 87 BNS and Section 16/17 POCSO Act,Police Station Maholi, District Sitapur. In the prosecution case, it is alleged that the granddaughter of the informant, aged about 17 years, was enticed away by the accused persons on 25.02.2025 at around 5:30 a.m. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the victim was in a relationship with the applicant and had voluntarily gone away with him of her own accord. It is further submitted that the applicant has not committed any offence and is in jail since 19.03.2025. He has explained the criminal history of one case in paragraph 11 of the bail application. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the statement of the victim recorded under Sections 180 and 183 of the BNSS, wherein she has stated that she went away with the applicant of her own accord, and also noting that she refused to undergo medical examination, and as per the medical records, her age has been found to be 17 years, 10 months, and 5 days; coupled with the fact that the applicant is in jail since 19.03.2025 and has explained the criminal history of one case in paragraph 11 of the bail application; 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. Accordingly, the bail application is allowed. Let the applicant Bablu be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 :- 2.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench