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2025 DAILYLAW 173559 (ALL)

SHARWAN KUMAR @ MEGHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

/12692/2024 · 2025-11-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12692 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.175 of 2024, under Sections 376, 328 IPC and Section 3/4 (2) of POCSO Act, Police Station Masauli, District Barabanki. 3. It is argued by the Counsel for the applicant that the co-accused, who is the wife of the applicant, was enlarged on bail vide order dated 17.12.2024 passed in Criminal Misc. Bail Application No.12314 of 2024. The medical on record does not corroborate any allegation and even the statement of the victim made before the medical authorities does not alleged the commission of rape. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that the co-accused has already been enlarged on bail coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 15.05.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Sharwan Kumar @ Megha be released on bail in the Versus Counsel for Applicant(s) : Vivek Chandra, Eshan Garg Counsel for Opposite Party(s) : G.A. Sharwan Kumar @ Megha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 26, 2025 akverma BAIL No. 12692 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench