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2025 DAILYLAW 188445 (ALL)

RAJESH KUMAR SONI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS

/11959/2025 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11959 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Ravi Shankar Mishra, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.202 of 2025, under sections 376(3), 323 IPC, Section 5N/6 POCSO Act, P.S. Jethwara, District Pratapgarh. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that husband of the informant used to form physical relation with his own daughter after the informant who is the mother of the victim used to go to sleep. It was also stated that for last one year the applicant was forming wrong relations and used to threaten mother and son. Similar statement was given by the informant in her statement under Section 161 Cr.P.C. and the victim reiterated the version. The tentative age of the victim is around 17 years. Although the allegations are grave however the submission of learned counsel for the applicant is that on account of a fight between the applicant and his wife bald allegations have been levelled. Medical on record done on 9.9.2025 does not corroborate the any presence of injury. 4. Learned AGA has opposed the bail application. 5. Considering the bald allegations prima facie on account of marital Versus Counsel for Applicant(s) : P.K. Singh Bisen Counsel for Opposite Party(s) : G.A. Rajesh Kumar Soni .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others .....Opposite Party(s) discord and the medical on record not corroborating the incident as well as there is no explanation of inordinate delay in lodging the FIR, however, without commenting upon the merits of the case, the applicant who is in jail since 9.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Rajesh Kumar Soni 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. December 9, 2025 J. K. Dinkar BAIL No. 11959 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench