SARVAR @ SARVAR KHAN v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND 3 OTHERS
BAIL/12926/2025 · 2025-12-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177652 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177652 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12926 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.225 of 2025, under sections 137(2), 65(1), 351(3) BNS, Sections 3/4(2) POCSO Act, P.S. Kursi, District Barabanki. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 30.8.2025 when the informant had gone out of her home alongwith her husband the daughter of the informant was at home alone when the applicant came to home and enticed her and took her to nearby canal and wrong was committed on her and threats were also issued. Similar statement was given under Section 180 BNSS and in the statement under Section 183 also similar statement was given. In the light of the said allegations learned counsel for the applicant submits that the applicant used to work at the residence of the informant and with respect to payment of dues a dispute occurred because of which FIR in question was lodged. The place where the incident is alleged to have happened have a kharanja and prima facie an opinion was formed that no material could be gathered so as to state the commission of offence as evident from annexure 8. Medical on record does not corroborate the allegations. The tentative age of the victim is around 14 years. 4. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Eshan Garg, Prachi Arya Counsel for Opposite Party(s) : G.A. Sarvar @ Sarvar Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko. And 3 Others .....Opposite Party(s)
5. Considering the medical on record and the report of the investigating officer not corroborating the allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 2.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant Sarvar @ Sarvar Khan 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 18, 2025 J. K. Dinkar BAIL No. 12926 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench