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2025 DAILYLAW 158837 (ALL)

DEEPANSHU v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND 3 OTHERS

BAIL/7828/2025 · 2025-08-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49030 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7828 of 2025 Applicant :- Deepanshu Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Vinay Kumar,Shashi Dhar Mishra,Touqeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Sandeep Kumar Ojha, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The accused-applicant seeks bail in Case Crime No.152 of 2025 under Section 137(2), 87, 64 BNS and Section 3/4 POCSO Act, Police Station Kotwali Dehat, District Sultanpur. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 16 years, went away from her home on 26.04.2025 at around 3:00 a.m., and in the FIR it was apprehended that someone had enticed her away. Learned counsel for the applicant submits that in her statements recorded under Sections 180 and 183 BNSS, the victim has denied the prosecution story. She has stated that she had gone with the applicant on her own accord and resided with him for about one month. She has further denied that any offence of rape was committed upon her. It is argued that the applicant is innocent. There is a lack of corroborative material in the medico-legal examination of the victim. Learned counsel for the complainant has stated that he has no objection in case the applicant is granted bail. Learned A.G.A. has, however, opposed the prayer for bail, though he could not dispute the factual submissions noted above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the statements of the victim under Section 180 and 183 BNSS; the age of the victim on the date of incident; the applicant is in jail since 5.6.2025; charge-sheet has been filed 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 Deepanshu 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 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