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2025 DAILYLAW 197687 (ALL)

MAHAVEER GUPTA @ AMIT GUPTA v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/5909/2025 · 2025-10-27

Pankaj Bhatia

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5909 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Shri Anil Kumar Tiwari, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 86 of 2025, Section 65(1), 333, 352, 351(3) BNS and Section 5/6 POCSO Act, Section 3(2)(va) SC / ST Act, P.S. Dostpur, District Sultanpur. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 14 years was enticed by the applicant and physical relation was formed with her against her consent. In the statement under Section 183 BNSS the victim stated that the she had called the applicant and initially she refused physical relation but subsequently physical relation were formed between them. The tentative age of the victim is around 14 years 9 months and there is no definite document regarding age of the victim at this stage. 5. Learned AGA and learned counsel for the informant have opposed the bail application. 6. Considering the facts and circumstances and the medical not corroborating the allegations, however, without commenting upon the Versus Counsel for Applicant(s) : Ravindra Shukla, Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A., Anil Kumar Tiwari Mahaveer Gupta @ Amit Gupta .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) merits of the case, the applicant who is in jail since 24.4.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Mahaveer Gupta @ Amit Gupta 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. October 27, 2025 J. K. Dinkar BAIL No. 5909 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench