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2025 DAILYLAW 187345 (ALL)

TAUFEEQ AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

/12099/2025 · 2025-12-04

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12099 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. As per the instructions of learned A.G.A. notice to the complainant has been served, however no one has appeared for the complainant. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The accused-applicants Taufeeq and Shoheb seek bail in Case Crime No.0649 of 2025 under Section 74, 351(3) BNS and Section 7/8 POCSO Act, Police Station Laharpur, District Sitapur. Submission of learned counsel for the applicants is that they have been falsely implicated in the present case. The offence alleged is punishable with a maximum sentence of up to five years. The applicants are in jail since 24.10.2025. The charge-sheet in the matter has already been filed. It is submitted that the case is one of false implication and that the applicants undertake to cooperate in the trial. 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. Learned A.G.A. has opposed the bail prayer of the applicant and Versus Counsel for Applicant(s) : Anurag Misra Counsel for Opposite Party(s) : G.A. Taufeeq And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) submitted that the victim, at the time of the incident, was aged about 12 years, 10 months, and 13 days. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicants are in jail since 24.10.2025; the applicants have no criminal history, the offence is punishable upto maximum period of five years; charge-sheet has been filed and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicants Taufeeq and Shoheb, involved in the aforesaid FIR/Case crime number, 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants 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 4, 2025 Madhu D.R/P.S BAIL No. 12099 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench