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2025 DAILYLAW 2239 (ALL)

SAWAN CHAUHAN v. STATE OF U.P. AND 3 OTHERS

BAIL/31452/2025 · 2026-04-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31452 of 2025 Court No. - 65 (Sr. No.159 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned State Law Officer has informed that the notice to the informant has been served on 1.8.2025. 2. Heard Sri Kamal Kumar Singh, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.60 of 2025, under Sections 137(2), 87, 65(1) BNS and 5/6 POCSO Act, Police Station Sureri, District Jaunpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she stayed with the applicant at Surat, whereby both are stated to have entered into a dispute as the applicant had refused to marry her. 5. It is further argued by learned counsel for the applicant that the FIR itself is delayed by about two and a half months and there is no explanation of the said delay caused. The victim, by her looks, seems to be major, although she is stated to be 15 years old as per the FIR. There is no valid document to suggest that victim is minor. The applicant has no criminal history and is in jail since 24.5.2025. He undertakes to cooperate with the trial and not misuse Versus Counsel for Applicant(s) : Amarnath Tripathi, Kamal Kumar Singh, Sudhir Kumar Mishra Counsel for Opposite Party(s) : G.A. Sawan Chauhan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 B.N.S.S., which indicates her consent, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Sawan Chauhan, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Vikas Verma BAIL No. 31452 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad