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2025 DAILYLAW 174879 (ALL)

KARAN @ GOLU KISAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

BAIL/6081/2025 · 2025-11-07

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6081 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 applicant seeks enlargement on bail in FIR No.43 of 2025, under Section 64, 131, 89, 352, 351(1), 90(2) BNS, Section 5j(2)/6 POCSO Act & Section 3(2)5A SC/ST Act, P.S. Majhgai, District Kheri. 3. In terms of the FIR it was alleged that daughter of the informant was enticed by the applicant for the last two years on false pretext of marriage and physical relations were formed and when she was pregnant and carrying a fetus of five months, some medicine was administered because of which her condition became worse. 4. In the light of the said, learned counsel for the applicant argues that when the victim became pregnant, the family members got her abortion done from an untrained person which resulted in complications as are evident from the medical report of the KGMU. Cause of death is septic shock. Postmortem report also indicates presence of stitched wound present on midline of abdomen, surgical drain wound on left side of abdomen and colostomy wound on the right side of the wound. He argues that the said medical report clearly corroborate that some untrained person had tried to do the operation which resulted in the death. 5. In the statement under Section 180 BNSS, the victim stated that the Versus Counsel for Applicant(s) : Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Karan @ Golu Kisan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) relationship continued in between them for a span of two years and some medicine was administered. Medical report on record indicates some surgical process on the victim which has neither been alleged in the FIR nor in the statement under Section 180 BNSS. 6. Learned AGA has opposed the bail application. 7. Considering the aforesaid, the applicant who is in custody since 24.02.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Karan @ Golu Kisan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 7, 2025 nishant BAIL No. 6081 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench