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2025 DAILYLAW 192726 (ALL)

SUNIL v. STATE OF U.P. AND 3 OTHERS

BAIL/25003/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25003 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1.Heard learned counsel for the applicant, Sri R.K.Singh Gaharawar, learned counsel for the informant, Ms. Snehlata Sharma, learned counsel for the Child Welfare Committee, Jalaun, learned A.G.A. for the State and perused the material on record. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, the parties have entered into compromise and that the informant does not want to contest the matter. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 07.06.2025, having no criminal history. 4. Learned counsel for the applicant has also stated that the compromised has been entered into between the parties, copy of which is annexed as Annexure-SCA1 to the short counter affidavit. He further submits that he has no objection, in case, the applicant is enlarged on bail. 5. Per contra, learned A.G.A. as well as Ms. Snehlata Sharma, learned counsel for the Child Welfare Committee, Jalaun have opposed the prayer for bail of the applicant by contending that the innocence of the applicant Versus Counsel for Applicant(s) : Awadhesh Prasad Counsel for Opposite Party(s) : Anand Kumar Mishra, G.A., R.K Singh Gaharwar, Snehlata Sharma Sunil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 7. Let applicant Sunil involved in Case Crime No.162 of 2025 under Sections 137(2), 87, 65(1) of BNS and Section 5 1/6 of POCSO Act, 2012 Police Station Orai, District Jalaun, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. October 17, 2025 S.Ali BAIL No. 25003 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad