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2025 DAILYLAW 157406 (ALL)

GOLU ALIAS SUNNY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND 3 OTHERS

BAIL/7585/2025 · 2025-08-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47689 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7585 of 2025 Applicant :- Golu Alias Sunny Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Mohd. Sabir Farooqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Sabir Farooqui, learned counsel for the applicant, Sri Mayank Sinha, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 76 of 2025, under Sections 87, 137(2) B.N.S. and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Unchahar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.02.2025 stating that the applicant had enticed away the informant's daughter aged about 16 years. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 17 years, she knows the applicant for the past several years and she loves him and she had gone with the applicant out of her own freewill. Upon coming to know about the F.I.R. she came back. The victim categorically stated that the applicant has not made physical relations with her. 5. The victim declined to undergo medico legal examination report. 6. In the statement of the victim recorded under Section 183 BNSS she stated that her father had asked her to assist him in making liquor and when she declined, her father had beaten her up with a hunter. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 18 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted against the applicant. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man aged 18 years having no previous criminal history and he is languishing in jail since 27.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Golu Alias Sunny be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 14.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench