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2025 DAILYLAW 199437 (ALL)

SUMIT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/6485/2025 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6485 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State as wel as Sri Anil Kumar holding brief of Dr. Surendra Singh Chauhan who appears for the informant and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.39 of 2025 under sections 70(2), 115(2), 351(3) BNS and Section 5/6 POCSO Act, P.S. Rahimabad, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 14 years was going for Holi, when the applicant and the co-accused named in the FIR took her to a separate place and committed wrong on her and also threatened. 4. In the light of the said allegation, the counsel for the applicant draws my attention to the statement under section 180 and 183 BNSS, to argue that the applicant is the real uncle of the victim and on account of the property dispute, the FIR in question has been lodged. My attention is also drawn to the statement of the victim given before the medical authorities that when somebody called her, they ran away after doing the offence in question. The medical on record does not corroborate the allegation of any force being used and the tentative age of the victim is around 14 years. Versus Counsel for Applicant(s) : Gupteshwar Prasad Jaiswal, Ashwini Kumar Tripathi, Indrapal Singh Counsel for Opposite Party(s) : G.A., Dr.Surendra Singh Chauhan Sumit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 5. Considering the medical report, prima-facie not corroborating, and the two statements not even mentioning that the applicant is the uncle of the victim, the applicant who is in custody since 19.03.2025 and has no criminal history, is entitled for the bail. Thus the bail application is allowed. 6. Let the applicant Sumit be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 27, 2025 VNP/- BAIL No. 6485 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench