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2025 DAILYLAW 176331 (ALL)

SAGAR VERMA @ RAM SAGAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

BAIL/11573/2024 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11573 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.233 of 2024, under Section 376(3) IPC & Section 5(j)(ii)/6 of POCSO Act, P.S. Murtiha, District Bahraich. 4. In terms of the FIR, allegations were levelled that sister of the informant aged about 15 years was not well and on asking she informed that around seven months ago on 09.01.2024 the applicant had called her and wrong was committed because of which she became pregnant and on 09.08.2024 she gave birth to a dead child. FSL report on record confirms the paternity of the applicant with the child born. 5. In the light of the said allegation, learned counsel for the applicant has filed a supplementary affidavit wherein the victim has stated that the relationship was formed with consent. Tentative age of the victim is around 15 years which is yet to be ascertained during trial. 6. Learned AGA has opposed the bail application. 7. Considering the aforesaid, although consent at the age of 15 has no value, Versus Counsel for Applicant(s) : Durgesh Kumar Pathak, Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Sagar Verma @ Ram Sagar Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) however, the fact remains that the exact age of the victim is yet to be determined during trial; the informant and the victim have already deposed, as such, the applicant who is in custody since 14.08.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Sagar Verma alias Ram Sagar Verma 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. December 3, 2025 nishant BAIL No. 11573 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench