MONU @ ASHOK KUMAR RATHAUR v. STATE OF U.P. THRU. PRINCIPAL SECY. HOME LKO. AND 3 OTHERS
BAIL/2475/2025 · 2025-12-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203159 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203159 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2475 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. None appears on behalf of the complainant. In the FIR, it is alleged that on 12.11.2024 at around 11:00 p.m., the informant’s 14-year-old daughter, who had gone to sleep after having her meal, was found missing from her room. Submission of learned counsel for the applicant is that the applicant has been falsely implicated. The applicant is 20 years old and has no criminal antecedents. He is in custody since 05.01.2025, and till date only two prosecution witnesses PW-1 and PW-2 have been examined. The trial is progressing at a very slow pace. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering that the applicant has no criminal antecedents, is in custody since 05.01.2025, and both the victim and the complainant have already been examined before the trial court, thereby eliminating any possibility of Versus Counsel for Applicant(s) : Ramakar Shukla, Ankit Tripathi, Subodh Kumar Pandey, Varsha Tripathi Counsel for Opposite Party(s) : G.A. Monu @ Ashok Kumar Rathaur .....Applicant(s) State Of U.P. Thru. Principal Secy. Home Lko. And 3 Others .....Opposite Party(s)
tampering with the evidence, and keeping in view the provisions of Section 35 of the POCSO Act, this Court finds it a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Monu @ Ashok Kumar Rathaur, involved in Case Crime No. 562/2024, Under Section : 137(2), 87 B.N.S and Section 16/17 Pocso Act, Police Station Maholi District Sitapur, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 10, 2025 R.C.
BAIL No. 2475 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench