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2025 DAILYLAW 202697 (ALL)

SOMENDRA KUMAR @ SHANU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/7884/2025 · 2025-10-28

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. - 7884 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None appears of informant despite notice. 2. The applicant seeks enlargement on bail in FIR No. 202 of 2025, under Sections 70, 127(2) BNS and Sections 5G/6 POCSO Act and Section 3(2)(v) SC/ST Act, P.S. Sandi, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 14 years was caught hold of by the applicant and was misbehaved with and taken her to his home. It was also stated that one of the co accused had come out of home and when the informant went to the side of home the girl was recovered. In the statement under Section 180 BNSS the victim stated that on the date of incident the co accused had caught hold of her and given her to the applicant who took her inside her and wrong was committed. Similar statement was also given under Section 183 BNSS also. The tentative age of the victim is around 15 years. The medical of the victim done after about 5 days of the alleged incident and after the statement under Section 183 was recorded does not corroborate the allegations. 4. Learned AGA has opposed the bail application. 5. Considering the improbability of the allegations levelled and statement under Section 183 BNSS coupled with the fact that the medical not Versus Counsel for Applicant(s) : Ravindra Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Somendra Kumar @ Shanu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) corroborate the allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 6.6.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Somendra Kumar @ Shanu 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 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 28, 2025 J. K. Dinkar BAIL No. 7884 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench