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2025 DAILYLAW 174199 (ALL)

SANDEEP GAUTAM v. STATE OF U.P. THRU. SECY. HOME DEPTT. AND 3 OTHERS

BAIL/12475/2025 · 2025-12-11

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. - 12475 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.286 of 2025 under section 65(1), 351(3) BNS and section 3/4(2) POCSO Act, P.S. Rupaidiha, District Bahraich. 3. In terms of the FIR, allegations were levelled that the applicant committed wrong on the daughter of the informant aged about 14 years while she was coming home and when she raised hue and cry, the informant came then the applicant ran away. In the statement under section 183, the victim stated that she was coming alone and she was taken by the applicant to the home of one Shakir where no one was present and wrong was committed on her. It was also stated that she could not shout, however, when the family members of the victim was chasing a thief, they saw the victim and the applicant in a compromising position. The tentative age of the victim is around 16 years although there is no definite document with regard to the exact age of the victim. 4. Considering the statement of the victim recorded under section 183 BNSS wherein she had gone along with the applicant to the home of Shakir and the fact that she was caught in a compromising position with the applicant, prima-facie, consent is indicated, as such, the applicant who is in custody Versus Counsel for Applicant(s) : Rama Kant Dixit, Amit Kumar Dixit Counsel for Opposite Party(s) : G.A. Sandeep Gautam .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. And 3 Others .....Opposite Party(s) since 01.10.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Sandeep Gautam be released on bail in 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. December 11, 2025 VNP/- BAIL No. 12475 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PANKAJ BHATIA High Court of Judicature at Allahabad, Lucknow Bench