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2025 DAILYLAW 195977 (ALL)

SUNIL @ MACHAUNA v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

BAIL/6648/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6648 of 2025 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.66 of 2025, under Sections 70(2), 115(2), 351(3) BNS, Sections 5G/6 POCSO Act and Sections 3(1)(da)(dha) SC/ST Act, P.S. Ram Sanehi Ghat, District Barabanki. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that the daughter of the informant was caught hold by the applicant and because of shame she consumed poison. Subsequently the statement of the victim was recorded under Section 183 BNSS wherein she did not support the prosecution story. 4. Learned AGA has opposed the bail application. 5. Considering the said statement not supporting the prosecution story, however, without commenting upon the merits of the case, the applicant who is in jail since 16.2.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sunil @ Machauna 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: Versus Counsel for Applicant(s) : Rehan Ahmad Siddiqui Counsel for Opposite Party(s) : G.A. Sunil @ Machauna .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Opposite Party(s) (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. October 15, 2025 J. K. Dinkar BAIL No. 6648 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench