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2025 DAILYLAW 195719 (ALL)

MOHD. SHASHIM @ GOGEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO AND 3 OTHERS

BAIL/768/2025 · 2025-11-14

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 768 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Rejoinder affidavit is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.251 of 2024, under Section 376, 201, 34 IPC & Section 5j(2)/6 of POCSO Act, P.S. Khargupur, District Gonda. 4. In terms of the FIR it was alleged that the applicant became close to the victim on account of some marriage ceremony and thereafter, they started talking to each other and in January, 2024, the applicant came to the room of the informant and committed wrong on her which fact was not disclosed by the victim. Subsequently, the applicant persuaded her to marry elsewhere and on the said persuasion, she married elsewhere and when the child was born after one month of the marriage, apprehension was expressed and then the FIR in question was lodged on 18.10.2024. Similar statement was given under Section 161 & 164 Cr.P.C. Victim is aged about 18 years. 5. Learned AGA has opposed the bail application. 6. Considering the inordinate delay in lodging the FIR without there being any explanation whatsoever and the age of the victim, the applicant who is in Versus Counsel for Applicant(s) : Ashish Kumar Singh, Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Mohd. Shashim @ Gogey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And 3 Others .....Opposite Party(s) custody since 12.12.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Mohd. Shashim @ Gogey 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. November 14, 2025 nishant BAIL No. 768 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench