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2025 DAILYLAW 180900 (ALL)

NANGUN GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/5770/2025 · 2025-11-04

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5770 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the informant despite notice. 2. The accused-applicant seeks bail in FIR/Case Crime No.167 of 2024 under Sections 376(2)(1) IPC and Sections 5K, 5N/6 of POCSO Act, P.S.- Wazirganj, District- Gonda. 3. In terms of the FIR, it was alleged that the daughter of the informant was playing with the applicant who committed wrong with her. Subsequently, the informant has turned hostile before the trial court and has stated that nothing wrong was done with the victim. Medical on record does not indicate any injury. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, medical on record and the statement of informant given before the trial court coupled with the fact that the applicant is in custody since 28.04.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Nangun Gautam be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and Versus Counsel for Applicant(s) : Pankaj Kumar Singh Counsel for Opposite Party(s) : G.A., Vikas Verma Nangun Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 4, 2025 V. Sinha BAIL No. 5770 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench