SANI RAWAT v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8119/2025 · 2025-09-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160692 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160692 (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. - 8119 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. A supplementary affidavit has been filed stating that the applicant's name is Sani alias Parul, but he has been described in the FIR as Sani Rawat alias Parul. The affidavit is taken on record. 2. Heard Shri Kushagra Tiwari, learned counsel for the applicant, Ms. Shikha Sinha, learned AGA-I for the State and perused the records. 3. This application has been filed by the applicant, seeking bail in case crime number 0235 of 2025 under sections 137(2), 87 of BNS, 2023, Police Station PGI, District Lucknow. 4. The aforesaid case has been registered on the basis of an FIR lodged on 23/05/2025 against the applicant and another person, Shivam, stating that the accused had enticed away the informant's daughter, aged 13 years. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and that he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed in paragraph 15 of the affidavit, and it has been stated that the applicant had merely received a summons in the said case, whereafter he was arrested in the present case. 6. In the statement of the victim, recorded under section 180, BNSS, she stated that she herself had called the applicant by making a phone call through her mother's mobile phone and had stated that she would not live in her home. She also stated that nobody had used any force against her. She also stated that she had gone with the applicant out of her own free will and when the police made a phone call, they came back. 7. The victim was taken for a medico-legal examination, and she categorically told the doctor that no misdeed had been committed against Versus Counsel for Applicant(s) : Kushagra Tiwari, Samarth Srivastava, Sushil Yadav Counsel for Opposite Party(s) : G.A. Sani Rawat .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
her. The medico-legal examination report reveals no mark of injury or sign of the use of force. 8. In the statement recorded under sections 183, BNSS, the victim reiterated her earlier version. 9.
The other named accused, Shivam, has been granted anticipatory bail by means of an order dated 24/07/2025 passed by a coordinate bench of this court in anticipatory bail application No. 906 of 2025. 10. The learned AGA-I has opposed the application, and she submitted that the allegations have been established during the investigation, and a charge sheet has been submitted on 07/07/2025. Furthermore, the trial court has taken cognizance of the offenses on 29/07/2025. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim, wherein she has not leveled any allegation against the applicant; the applicant is a young man aged 20 years; he has been languishing in jail since 25/05/2025, whereas the investigation stands concluded, I am of the view that the bail is also entitled for grant of bail. 12. Accordingly, the bail application is allowed. 13. Let the applicant- Sani alias Parul 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. September 1, 2025 A.Nigam BAIL No. 8119 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench