ANKUSH SAROJ @ GOLU v. STATE OF U.P. THRU. A.C.S./PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
BAIL/7950/2025 · 2025-08-26
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159811 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159811 (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. - 7950 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned A.G.A. on the basis of written instructions submits that notices to the complainant is served. 3. None appears for the complainant. 4. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.212 of 2024, under Sections 137(2), 87, 65(1) of BNS and Sections 5J(ii)/6, 5L/6 of POCSO Act, P.S. Maheshganj, District Pratapgarh. 5. In the prosecution case it is alleged that incident is of 14.10.2024 where allegation is on applicant that he has enticed away the minor daughter of the informant aged about 15 years at about 11:30 in the night. 6. Learned counsel for the applicant submits that as per the radio-logical examination, victim is major aged about 18 years. According to the statement of the victim under Sections 180 & 183 BNSS victim was a consenting party and due to the beating given by the parents/family members of the victim she on her own accord went away from her home on 14.10.2024 and with the applicant she went to Prayagraj and from there she went to Kanyakumari where she married. In the statement under Versus Counsel for Applicant(s) : Manuvendra Singh Counsel for Opposite Party(s) : G.A. Ankush Saroj @ Golu .....Applicant(s) State Of U.P. Thru. A.C.S./Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s)
Section 183 BNSS she has not supported the prosecution case. She reiterated the version stated in her statement under Section 180 BNSS. He submits that the applicant is in jail since 23.01.2025. 7. Learned A.G.A. has opposed the bail prayer and has submitted that as per the school record, victim is minor as her date of birth is 01.01.2010. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 23.01.2025 having no criminal history, statement of the victim under Sections 180 & 183 BNSS so also the fact that both have married and victim is major as per radio-logical examination and thus, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9.
Accordingly, the bail application is allowed. 10. Let the applicant Ankush Saroj @ Golu 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 trial court 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, BAIL No. 7950 of 2025 2
without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS).
August 26, 2025 Saurabh Yadav/- BAIL No. 7950 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench