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2025 DAILYLAW 185255 (ALL)

SURESH RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

BAIL/10611/2024 · 2025-10-31

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10611 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Ms Mansi Gupta, learned counsel for the applicant, learned AGA and perused the record. None has appeared for the respondents despite notice. 2. The applicant seeks enlargement on bail in FIR No.324 of 2024, under Sections 65(1), 352 BNS and Sections 3/4(2) POCSO Act, P.S. Asandra, District Barabanki. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that sister of informant aged about 14 years had gone to agricultural fields and the applicant caught hold of her and committed wrong on her. In the light of the said allegations learned counsel for the applicant states that the medical of the victim was done on the next day which did not corroborate the allegations. My attention is drawn to the statement of the Doctor as contained in the counter affidavit wherein she stated that no definite opinion with regard to sexual assault could be given based upon medial examination of the victim. The tentative age of the victim is around 14 years. There is no definite document with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the statement of the doctor coupled with the fact that the report of the trial court indicate that only one witness have been examined Versus Counsel for Applicant(s) : Ankit Kumar Trivedi, Farooq Ayoob Counsel for Opposite Party(s) : G.A. Suresh Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) so far, however, without commenting upon the merits of the case, the applicant who is in jail since 22.8.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Suresh Rawat 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. October 31, 2025 J. K. Dinkar BAIL No. 10611 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench