SONU KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11655/2025 · 2025-12-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186272 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186272 (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. - 11655 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 14 years, was enticed away by the applicant on 01.09.2025 at around 2:00 a.m. It is further alleged that, while leaving, she took Rs.18,000 in cash along with jewellery.
Learned counsel for the applicant submits that the victim voluntarily left her home with the applicant and there was no enticement. In her statements recorded under Sections 180 and 183 BNSS, she has denied the prosecution version and has not levelled any allegation against the applicant. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application on the ground that the victim is 14 years of age.
Learned counsel for the applicant has objected the submission made by learned AGA submitting that the victim is class 10 pass out as per her own statement under Section 180 BNSS which makes the statement of the learned AGA that the victim is 14 years old is highly improbable. It is further submitted that the victim is more than 16 years old. Versus Counsel for Applicant(s) : Iqbal Ali Counsel for Opposite Party(s) : G.A. Sonu Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
Considering the statements of the victim under Sections 180 and 183 BNSS indicating that she left her home of her own free will, the prima facie absence of enticement, the fact that the charge sheet has been filed, and the applicant, who has no criminal antecedents, is in custody since 15.09.2025, this Court finds it a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Sonu Kumar, involved in Case Crime No.269/2025, U/S- 137(2), 87 BNS, Police Station- Mitauli, District-Lakhimpur Kheri, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 9, 2025 R.C.
BAIL No. 11655 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench