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2025 DAILYLAW 197828 (ALL)

NAVEEN KUMAR GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 3 OTHERS

/12291/2025 · 2025-12-08

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. - 12291 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.114 of 2022, under Sections 363, 366, 376(3) of IPC and Section 5/6 of POCSO Act, Police Station Aaspur Devsara, District Pratapgarh. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 14 years was enticed by the applicant. Subsequently, in the statement under Section 164 of Cr.P.C., the victim did not support the prosecution story and stated that both of them had married and are also blessed with a child. The tentative age of the victim is around 22 years as stated in her statement under Section 164 of Cr.P.C. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statement of the victim and the fact that the applicant is in custody since 18.09.2025 and has no criminal antecedents, 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 Naveen Kumar Gautam be released on bail in the Versus Counsel for Applicant(s) : Durgesh Mishra, Abhishek Shukla, Manvendra Mishra Counsel for Opposite Party(s) : G.A. Naveen Kumar Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) 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. December 8, 2025 akverma BAIL No. 12291 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench