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2025 DAILYLAW 197202 (ALL)

SURESH GOSWAMI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

BAIL/4325/2025 · 2025-10-17

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. - 4325 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.78 of 2025, under Sections 137(2), 65(1) BNS; Section 5L/ 6 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station Inayatnagar, District Ayodhya. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 14 years was at home and was taken by the applicant and subsequently she returned home on her own on the next day and thereafter she went again at 10:00 AM. It was stated that the applicant committed rape on the victim. In the statement under Section 180 of BNSS, the victim admitted that she knew the applicant for the last few months and physical relations were formed on various occasions. Some what similar statement was given under Section 183 also. In the statement made before the medical authorities, the victim admitted that she like the applicant. The medical on record does not corroborate the allegation of any force being used. There is no definite document with regard to the exact age of the victim at this stage. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the aforesaid fact and the statement made before the Versus Counsel for Applicant(s) : Pramod Kumar Pandey Counsel for Opposite Party(s) : G.A. Suresh Goswami .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) medical authority coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 18.02.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Suresh Goswami be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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. October 17, 2025 akverma BAIL No. 4325 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench