RAVI KUMAR @ GOLU v. THE STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF HOME LKO. AND 3 OTHERS
BAIL/7818/2025 · 2025-08-21
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156872 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48995 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7818 of 2025 Applicant :- Ravi Kumar @ Golu Opposite Party :- The State Of U.P. Thru. Prin. Secy./Addl. Chief Home Lko. And 3 Others Counsel for Applicant :- Vishal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Notice to the complainant has been served as per the instructions of learned A.G.A, however no one has appeared on behalf of the complainant. 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.129 of 2025 under sections 87, 137(2), 64(1) BNS, Section 3/4 POCSO Act and 3(2)V SC/ST Act, Police Station Rampur Kala, District Sitapur. In the FIR, it is alleged that the accused Golu Verma enticed away the minor daughter of the informant, aged about 17 years.
Learned counsel for the applicant has drawn the attention of this Court to the statements of the victim recorded under Sections 180 and 183 BNSS, wherein no allegation has been levelled against the applicant of committing any offence as alleged in the prosecution case. As per her statement under Section 183 BNSS, the victim has disclosed her age as 18 years. No radiological examination has been conducted. As per the medical opinion, there are no signs of use of force, and no corroborative material has been found in the medico-legal examination to support the prosecution case. The applicant has also explained the criminal history of two cases in the supplementary affidavit filed on record. 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 facts that the applicant is in custody since 28.05.2025; the victim, in her statements recorded under Sections 180 and 183 BNSS, has not supported the prosecution case; and there is a lack of corroborative material 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 Ravi Kumar @ Golu 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 IPC (now Section 269 BNS). (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. (now Section 84 BNSS)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 IPC (now Section 209
BNS).
Order Date :- 21.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench