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2025 DAILYLAW 174172 (ALL)

BHOLE @ DHARMRAJ GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 4 OTHERS

BAIL/2921/2025 · 2025-11-13

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2921 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0222 of 2024 under sections 70(2), 351(2), 352 BNS and section 5G/6 POCSO Act, and section 67B IT Act, Police Station Aaspur Devsara, District Pratapgarh. 3. In terms of the FIR, lodged on 12/08/2024, it was alleged that the daughter of the informant aged about 15 years had gone out of the agricultural field on 10/7/2024, when the accused named in the FIR committed wrong on her and also hurled abuses. Subsequently, the video was also uploaded on Instagram. The victim, who is alleged to be about 18 years old, in her statement stated that on the date of the incident, the applicant has committed wrong on her and had also threatened her. 4. It is argued by the counsel for the applicant that no video certifying the incident is on record. 5. Considering the age of the victim and there being substantial delay in lodging the FIR and there being no material to corroborate the allegations, the applicant, who is in custody since 15/8/2024 and has no criminal history, is entitled to bail. Thus the bail application is allowed. 6. Let the applicant Bhole @ Dharmraj Gautam be released on bail in Versus Counsel for Applicant(s) : Sunil Kumar Singh, Vishwa Mohan Tiwari Counsel for Opposite Party(s) : G.A. Bhole @ Dharmraj Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 4 Others .....Opposite Party(s) aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 13, 2025 VNP/- BAIL No. 2921 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench