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2025 DAILYLAW 178377 (ALL)

SUNIL SHUKLA @ RAJJU v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 4 OTHERS

BAIL/11800/2025 · 2025-12-05

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11800 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.130 of 2025, under Section 115(2), 352, 351(3), 75, 64(1) BNS, Section 7/8 & 3/4 of POCSO Act and Section 3(1)Da, 3(1)Dha, 3(2)V, 3(2)Va of SC/ST Act, P.S. Fatanpur, District Pratapgarh. 3. In terms of the FIR allegations were levelled that daughter of the informant aged about 17 years was sleeping in front of the home when the applicant started misbehaving with her and when she shouted the applicant was caught by the brother of the victim and thereafter, threats were also issued. A similar statement was given under Section 180 BNSS wherein no allegation of rape was levelled, however, in the statement under Section 183 BNSS, the victim for the first time stated that the applicant came and slept besides her and also inserted hand in the private part. Medical on record does not indicate any injury; even hymen was found to be not torn. Even before the medical authorities, no allegation of rape was levelled. 4. Learned AGA has opposed the bail application. 5. Considering the age of the victim and the statements as also the FIR not alleging rape, the applicant who is in custody since 28.06.2025 and has Versus Counsel for Applicant(s) : Akhilesh Kumar Tiwari, Abhishek Pandey Counsel for Opposite Party(s) : G.A. Sunil Shukla @ Rajju .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others .....Opposite Party(s) criminal antecedents of one case which has been duly explained is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sunil Shukla @ Rajju 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 5, 2025 nishant BAIL No. 11800 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench