PRAMOD CHAUHAN @ CHATTAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/8919/2025 · 2025-11-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179415 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179415 (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. - 8919 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard Sri Manoj Sahu, the counsel for the applicant as well as learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.373 of 2022 under section 376 AB IPC and section 5m/6 POCSO Act, and section 3(2)(v) SC/ST Act, P.S. Gangaghat, District Unnao. 3.In terms of the FIR, it was alleged that the daughter of the informant aged about three years was playing in front of the house when the applicant took her at the railway line and after removing her cloths, touched his private part with the private part of the victim which was seen by various persons and he was also beaten up. The medical on record found no injury on the private part and the hymen was also found to be intact. 4. In the light of the said, it is argued that no evidence exists to try the applicant for the allegation of penetrative sexual assault as defined under section 3/5 POCSO Act. 5. The statement of the witness relies upon by the learned AGA also does not corroborate or alleged any action of penetrative sexual assault. 6. Considering the definition of penetrative sexual assault under section 3/5 POCSO Act and prima-facie, there being no corroboration, the Versus Counsel for Applicant(s) : Manoj Sahu Counsel for Opposite Party(s) : G.A. Pramod Chauhan @ Chattan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
applicant who is in custody since 09.08.2022 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 7.
Let the applicant Pramod Chauhan @ Chattan be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing two personal bond to the satisfaction of the 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. 8. The counsel for the applicant states the actual name of the applicant is Chattan son of Ram Singh, however, in all the documents, it has been shown as Chattan son of Jitendra Singh. 9. The applicant would be entitled to demonstrate the material to suggest his actual name to the authorities concerned who shall release the applicant, after verifying the said fact, in terms of the order of bail passed by this court. November 11, 2025 VNP/- BAIL No. 8919 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench