SHER BAHADUR SINGH v. STATE OF U.P. THRU. PRIN. SECY. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/8268/2025 · 2025-11-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187937 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187937 (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. - 8268 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and Ms. Pragya Bhushan holding brief of Sri Ashok Kumar Srivastava and perused the record. 2. The applicant seeks enlargement on bail in FIR No.251 of 2025, under Sections 78(1)(i), 126(2), 296, 64(1), 351(2) of BNS and Section 3/4 of POCSO Act, Police Station Kheri, District Kheri. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 16 years used to go to the school when the applicant used to propose her and also threaten her. Subsequently, it was alleged that the threats were issued on 18.03.2025, no allegation of rape was levelled. However, in the statement under Section 180 of BNS and Section 183 of BNSS, the victim stated that on 01.01.2025, when the victim was going to the school, the applicant came and by the use of force took her on motorcycle from Rampur to Naurangabad, where the applicant had taken a room and wrong was committed and she was dropped back to her home. The tentative age of the victim is around 16 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that the FIR was lodged on 12.05.2025 in respect Versus Counsel for Applicant(s) : Sumit Chauhan, Ankit Singh, Pratibha Maurya Counsel for Opposite Party(s) : G.A., Ashok Kumar Srivastava, Avinash Srivastava, Brijesh Kumar Sher Bahadur Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
of an incident which is alleged to have taken place on the date i.e. 01.01.2025 when the schools are closed; the statement appears to be inherently improbable and the fact that the applicant has no criminal antecedents and is languishing in jail since 12.05.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6.
Let the applicant Sher Bahadur Singh be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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. November 11, 2025 akverma BAIL No. 8268 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench