SHUBHAM SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/7985/2025 · 2025-08-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159275 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159275 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7985 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Vinay Kumar Singh, Learned Counsel for the applicant, and Shri Veerendra Kumar, Learned Addl. Government Advocate-1st, for the state. 2. The applicant has filed this application seeking bail in F.I.R./Case Crime No. 151 of 2025 under Sections 78, B.N.S. and Section 7/8, POCSO Act, P.S. Kotwali Dehat, Sitapur. 3. The aforesaid case has been registered on the basis of an FIR lodged on 12/6/2025 against one Jeeshan stating that the named accused had enticed away the information's daughter, aged 16 years. 4. In the statement of the victim, recorded under section 183 BNSS, she stated that she was in a relationship with Jeeshan for the past four years. He had clicked her photographs and threatened to spread them virally. He used to extract money from the victim. When she declined to pay money, Jeeshan used to stalk her, pass comments, and make obscene gestures along with his friends. She also stated that Abhi Thakur and Shubham Singh (applicant) were involved with Jeeshan. She alleged that the named accused Jeeshan repetitively made physical relations with her. 5. She has also given a similar statement under section 183 BNSS. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years, having no criminal history, and he has been falsely implicated in the present case. 7. The Learned A.G.A. has opposed the bail application and submitted that investigation of the case is still pending. Versus Counsel for Applicant(s) : Vinay Kumar Singh Counsel for Opposite Party(s) : G.A. Shubham Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the applicant is not named in the FIR; the victim has also leveled serious allegations against other accused persons; she has merely mentioned the name of the applicant as being involved with the other named accused in stalking her, passing comments, and making obscene gestures; offenses in which the applicant is allegedly involved are punishable with a maximum sentence of imprisonment up to three years; applicant is a young man, aged 20 years, having no criminal history, and he is languishing in jail since 17/6/2025, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Shubham Singh 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. August 26, 2025 A.Nigam BAIL No. 7985 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench