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2025 DAILYLAW 175886 (ALL)

SARVESH @ RAJ LODHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/1380/2025 · 2025-11-11

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1380 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. 326 of 2024, under sections 137(2), 87, 64(2) BNS, Sections 5/6 POCSO Act and Section 3(2)(V) SC/ST Act, P.S. Harchandpur, District Raebareli. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that granddaughter of the informant was missing and was enticed by some unknown persons. Subsequently in her statements under Section 180 and 183 BNSS the victim did not support the prosecution story and stated that she had gone to village of applicant where physical relation were also formed. The tentative age of the victim is around 18 years. 4. Learned AGA has opposed the bail application. 5. Considering the two statements not corroborating the FIR allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 17.11.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sarvesh @ Raj Lodhi 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 Versus Counsel for Applicant(s) : Arpit Dwivedi, Dilip Kumar Pandey, Subhash Pandey Counsel for Opposite Party(s) : G.A. Sarvesh @ Raj Lodhi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 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 11, 2025 J. K. Dinkar BAIL No. 1380 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench