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2025 DAILYLAW 175494 (ALL)

SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/11922/2025 · 2025-12-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11922 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. As per instructions received by the learned AGA for the State, notice upon complainant has been served. However, when the case called out, no one appeared on behalf of complainant. Learned counsel for the applicant at the very outset submits that he may be permitted to make some corrections in the memo of the bail application. To the aforesaid prayer, there is no objection. Accordingly, learned counsel for the applicant is permitted to make necessary corrections in the memo of bail application during the course of the day. Learned counsel for the accused-applicant submits that the victim, in her statements recorded under Sections 180 and 183 of the BNSS, has levelled the main allegations against the co-accused, Nanku. Victim stated that she had married the co-accused Nanku and that they stayed together for 12 days. The only allegation against the applicant is that he took the victim on his motorcycle to the house of the main accused. The co-accused, Nanku, has already been enlarged on bail by this Court vide order dated 09.12.2025 passed in Criminal Misc. Bail Application No. 12186 of 2025. It is submitted that the case of the applicant stands on a better footing than that of Versus Counsel for Applicant(s) : Alok Kumar Yadav, Gyanoday Shukla Counsel for Opposite Party(s) : G.A. Sunil Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) the co-accused. It has been further submitted that applicant is in jail since 01.09.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration of facts that the applicant, having no criminal history, has been languishing in jail since 01.09.2025, the statements of the victim under Sections 180 and 183 BNSS, the role assigned to the applicant and the bail order of co-accused Nanku, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Sunil Kumar, involved in Case Crime/FIR No. 205 of 2025 under Sections 137(2), 87 BNS & 11/12 of POCSO Act, Police Station-Hardutta Nagar Girant, District-Shrawasti, be released on bail 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 Vinay/- BAIL No. 11922 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench