GOLER @ DINESH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
/11880/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184263 (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. - 11880 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that earlier, the accused applicant was granted bail vide order dated 18.1.2020 by Addl. District & Sessions Judge/Special Judge, POCSO Act, Faizabad (Annexure-6). After being released from jail, the accused applicant went to Ludhiana for his livelihood. Due to that, he could not appear before the concerned court and as such, non-bailable warrant and proclamation under section 82 CrPC have been issued against the applicant. The applicant was arrested on 23.9.2025 and sent to jail. Specific pleading in this regard has been made in para 17 of the bail application. The applicant is innocent having no previous criminal history. He undertakes to cooperate in the trial. The applicant is in jail since 23.9.2025. 3.It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi, Kajol Counsel for Opposite Party(s) : G.A. Goler @ Dinesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s)
applicant has no criminal history, the applicant was already enlarged on bail vide order, Annexure No.6 to the bail application, gravity of the offence, sentence provided for the offence, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6.Let the applicant Goler alias Dinesh, involved in Case Crime No. 814 of 2019 under sections 354ka, 354kha I.P.C., 7/8 POCSO Act, P.S. Kotwali Ayodhya, district Ayodhya/Faizabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the prosecution evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court and he shall appear on each and every date fixed by the trial Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed. 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. December 2, 2025 kkb/ BAIL No. 11880 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench