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2025 DAILYLAW 168238 (ALL)

SONU @ SACHIN v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., LUCKNOW AND OTHERS

BAIL/11767/2024 · 2025-03-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14212 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11767 of 2024 Applicant :- Sonu @ Sachin Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow And Others Counsel for Applicant :- Sudheer Kumar Mishra,Manish Kumar Gupta,Sheo Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sudheer Kumar Mishra, learned counsel for the applicant and Shri Abhishek Kumar Singh, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0294 of 2024, under Sections 376(3) & 506 of IPC and Section 5/6 POCSO Act, Police Station Khiron, District Raebareli. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.07.2024 alleging that the applicant used to talk to the informant's minor daughter (date of birth 13.05.2008) since 12.06.2023; that he used to make physical relations with the informant's daughter for the past one year and to blackmail her on the strength of some obscene photo and when the informant's husband asked the applicant to marry his daughter, the applicant declined. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she used to talk to the applicant for the past one year, they made physical relations on 2-3 occasions and thereafter the applicant declined to marry her. She stated that the applicant was threatening to virally spread her private photographs. 5. A similar statement was given by the victim under Section 183 BNSS. 6. The medico legal examination report of the victim mentions no mark of injury or sign of use of force was found on any part of the victim's body. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 03.09.2024. 8. The State has filed a counter affidavit which reveals that the investigation stands completed. In the x-ray examination, age of the victim is found to be 17 years. A charge sheet has already been submitted on 09.09.2024 and any objectionable photograph of the victim have not been recovered from the applicant so as to support the allegation of blackmailing. 9. Keeping in view the aforesaid facts, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Sonu @ Sachin be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 7.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench