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2025 DAILYLAW 201908 (ALL)

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

BAIL/2145/2025 · 2025-10-16

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2145 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 accused-applicant seeks bail in FIR/Case Crime No.0003 of 2025 under section 64(1), 333, 74, 75(2), 351(3) BNS and 3/4 & 7/8 POCSO Act, P.S. Rajesultanpur, District Ambedkar Nagar. 3. In terms of the FIR, it was alleged that the minor daughter of the informant used to be harassed by the applicant and also inappropriately touched and on 07.12.2024, wrong was committed on her, however, no report was lodged on account of social pressure. Subsequently, on 03.01.2025, the applicant came in the house and started misbehaving with her, however he ran away. No allegation of rape was alleged on 03.01.2025. 4. In the statement under section 183 BNSS, the victim stated that she was being harassed for the last one year and on 01.01.2025, when she was alone at home, wrong was committed on her. The said statement was given on 07.01.2025. The medical of the victim was done on 06.01.2025, which did not corroborate the allegation of any force being visible. Before the medical authorities, she admitted that she knew the applicant for the last one year. The tentative age of the victim is around 16 years. 5. Considering the inconsistencies in the statements under section 183 Versus Counsel for Applicant(s) : Girish Kumar Pandey, Chandra Chood Pandey, Tripuresh Mishra Counsel for Opposite Party(s) : G.A. Saurabh Gaur .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) BNSS, the medical not corroborating the allegations and the statement made before the medical authorities, prima-facie, a case for bail is made out, more so, when the applicant is in custody since 06.01.2025 and has no criminal history. Thus the bail application is allowed. 6. Let the applicant Saurabh Gaur 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 16, 2025 VNP/- BAIL No. 2145 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench