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2025 DAILYLAW 175911 (ALL)

DEEPAK GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/1326/2025 · 2025-11-25

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1326 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. 234 of 2024, under Sections 65(1), 115(2), 351(2) of BNS and Section 3/4 (2) of POCSO Act registered at P.S. Atariya, District Sitapur. 3. Learned counsel for the applicant argues that in terms of FIR, allegations were levelled that on 21.08.2024 the daughter of the informant had gone out of home when the applicant took her to a near by room and committed wrong on her and when the informant went to search her they were seen inside the room and thereafter in the statement under Section 180 and 183 BNSS, it was stated that wrong was committed. The medical on record does not indicate any injury either on the private parts or on the body. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 24.08.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Deepak Gautam be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Satti Charan Tiwari Counsel for Opposite Party(s) : G.A. Deepak Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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 25, 2025 Anurag BAIL No. 1326 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench