SANDEEP KUMAR KORI ( IN AADHAAR SANDIP KUMAR ) v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO. AND ANOTHER
NABAIL/951/2025 · 2025-07-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154681 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154681 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44091 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 951 of 2025 Applicant :- Sandeep Kumar Kori ( In Aadhaar Sandip Kumar ) Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. In view of the proposed order being passed, notices to respondent No.2 is dispensed with. Heard learned counsel for the applicant and learned A.G.A. for the State. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.442/2024, under Section 87 BNS, P.S. Lalganj, District Pratapgarh. It is alleged in the prosecution case that minor daughter of the informant aged about 17 years has been enticed away by the accused persons.
Learned counsel for the applicant submits that victim in her statement under Section 180 BNSS has not levelled any allegation against the applicant. She has not supported the prosecution case. While giving statement under Section 183 BNSS the allegation of enticement, if any is on co-accused Suraj and not on the present applicant. In the radio-logical examination, the victim has been found to be 19 years of age. No corroborative medical report has been found. The charge- sheet has been filed. Applicant has no criminal history. Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the charge-sheet in the matter has been filed. On due consideration to the submissions advanced, perusal of the record so also the fact that charge-sheet has been filed, applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial, there is no allegation on the applicant in the statement of the victim under
Sections 180 & 183 BNSS, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court Musheer Alam v. State of U.P. reported in [(2025) SCC OnLine SC 116]. In view of the above, since, charge-sheet in the matter has been filed, the applicant-Sandeep Kumar Kori ( In Aadhaar Sandip Kumar ) is directed to surrender himself before the trial court within twenty days from today. In case of such surrender, the trial court shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed.
Order Date :- 30.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench