BAUVA @ SARVESH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/11662/2024 · 2025-11-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195795 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195795 (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. - 11662 of 2024
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.382 of 2024, under Section 70(1), 351(2), 351(3) BNS & Section 4(2) of POCSO Act, P.S. Beniganj, District Hardoi.
3. In terms of the FIR lodged on 17.08.2024 it was alleged that the main accused had taken some inappropriate photos of the daughter of the informant and thereafter, she was called under threat and then the applicant as well as co-accused committed wrong on her. In the statement under Section 183 BNSS, the victim stated that she was called to a particular place and physical relations were formed with both the accused. It was stated that no fight had taken place and when her uncle came to know about the incident, the FIR was got lodged. Tentative age of the victim is around 15 years.
4. Learned AGA has opposed the bail application.
5. Considering the fact that the FIR was lodged after substantial delay and the statement under Section 183 BNSS does not indicate use of force, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ajay Kumar Tripathi, Vijay Kumar Counsel for Opposite Party(s) : G.A. Bauva @ Sarvesh .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
6. Let the applicant Bauva @ Sarvesh 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 10, 2025 nishant BAIL No. 11662 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench