SUMIT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
BAIL/12643/2025 · 2025-12-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198746 (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. - 12643 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.937 of 2025, under Sections 75(2), 78(2), 137(2), 87, 64(1), 351(3) of BNS and Sections 3/4 & 7/8 of POCSO Act, Police Station Kotwali Sadar, District Lakhimpur Kheri. 3. In terms of the FIR,allegations were levelled that the sister of the informant was misbehaved by the applicant and was also forced her to marry. Subsequently in the statement under Section 180 of BNSS, the victim disclosed her age as 17 years and stated that on 31.10.2025, the applicant had misbehaved with her. No allegation of rape was levelled, however, in the statement under Section 183 of BNSS, the victim stated that in the month of June, 2025, when the victim used to talk regularly to the applicant for the last 6-7 months, the victim was taken and wrong was committed on her. The tentative age of the victim is around 17 years. There is no definite document with regard to the exact age of the victim. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that there was no allegation of rape in the FIR and in the statement under Section 180 of BNSS, the allegation of rape was Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Sumit Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s)
levelled in the statement under Section 183 of BNSS after substantial delay and the fact that the applicant has no criminal antecedents and is languishing in jail since 04.11.2025, 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 Sumit Singh 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. December 19, 2025 akverma BAIL No. 12643 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench