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2025 DAILYLAW 201793 (ALL)

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

BAIL/6382/2025 · 2025-10-15

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. - 6382 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 145 of 2025, under Sections 70(2), 115(2), 351 (3), 352 BNS and Section 5(L)/6 POCSO Act, P.S. Matera, District Bahraich. 3. Learned counsel for the applicant argues that in term of FIR it was alleged that the grand daughter of the informant aged about 16 years while going home two accused including the applicant had committed wrong on hear. Subsequently in the statement under Section 183 BNSS the victim stated that wrong was committed by the co accused and no allegations of rape was alleged against the applicant. The medical did not corroborate the allegations of rape against the applicant. 4. Learned AGA has opposed the bail application. 5. Considering the statement under Section 183 BNSS and medical not corroborating the allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 30.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Guljar be released on bail in aforesaid FIR number Versus Counsel for Applicant(s) : Ashish Raman Mishra, Sheikh Mohammad Ali Counsel for Opposite Party(s) : G.A., Manoj Kumar Singh Guljar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 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 15, 2025 J. K. Dinkar BAIL No. 6382 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench