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2025 DAILYLAW 179593 (ALL)

SRAVAN KUMAR AWASTHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/7350/2025 · 2025-11-10

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. - 7350 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State as well as Sri Himanshu Raghave, who appears for the informant and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0079 of 2025 under sections 323, 376-d, 494, 452, 504, 506, 120-B IPC and section 3/4 POCSO Act and sections 3(2)(v), 2(2)(v), 3(2)(va) SC/ST Act, P. S. Gomti Nagar, District Lucknow. 3. In terms of the FIR, it was alleged that under the false pretext of love, concealing the earlier marriage, a marriage was solemnised when the informant then was aged about fifteen years and thereafter physical relations were formed. It was stated that subsequently, the applicant had committed wrong on her on various occasions. The allegation against the applicant started from 08.03.2024, as per the FIR and are of the year 2018 also. 4. In the light of the said, the counsel for the applicant draws my attention to almost similar allegation emanating at the instance of the informant in the FIR No.453 of 2018. The tentative age of the victim is around 23 years and the applicant is in custody since 05.03.2025 having no criminal history. Versus Counsel for Applicant(s) : Veer Bahadur Lal Srivasta, Alok Kumar Mishra, Raj Mishra, Ratan Gupta Counsel for Opposite Party(s) : G.A., Himanshu Raghave Sravan Kumar Awasthi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 5. The counsel for the informant strongly opposes the bail application by arguing that the earlier FIR was under section 363 IPC and subsequently, in the statements, section 376 IPC was also added against some other co- accused. 6. Considering the inherent improbabilities and the scandalous nature of allegations levelled in the FIR and the fact that there is huge delay in lodging the FIR, the applicant who is in custody since 05.03.2025 is entitled for the bail. Thus the bail application is allowed. 7. Let the applicant Sravan Kumar Awasthi be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. November 10, 2025 VNP/- BAIL No. 7350 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench