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2025 DAILYLAW 202014 (ALL)

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

BAIL/11631/2024 · 2025-10-16

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. - 11631 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. The applicant seeks enlargement on bail in FIR No.318 of 2024, under Sections 137(2), 87/64 BNS and Section 3/4 of POCSO Act, P.S. Pisawan District- Sitapur. 3. In terms of the FIR, it has been alleged that the daughter of informant aged about 16 years was missing and she was enticed away by the applicant. Subsequently, in the statement of victim recorded under Section 180 BNSS, she disclosed her age as 20 years and stated that she had taken to Delhi where wrong was committed on her by the applicant. In her statement recorded under Section 183 BNSS, she stated that she had gone along with the applicant to Haridwar and both of them used to talk for the past 5 years and nothing wrong was done to her. 4. Learned AGA has opposed the bail application. 5. Considering the major contradictions in the statements of victim recorded under Sections 180 and 183 BNSS and the age of the victim coupled with the fact that the applicant is in jail since 15.09.2024 having no criminal history, he is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Brijesh Kumar Yadav, Archana Yadav, Dheerendra Kr. Agnihotri Counsel for Opposite Party(s) : G.A. Sandeep .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Sandeep be released on bail in aforesaid FIR number 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 she 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 V. Sinha BAIL No. 11631 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench