Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 41247 (ALL)

BEERU GOUD @ MONU v. STATE OF U.P. AND 3 OTHERS

BAIL/15777/2025 · 2025-05-08

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:75461 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15777 of 2025 Applicant :- Beeru Goud @ Monu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Kumar,Nilesh Kumar Dubey,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Shashi Shekhar Maurya, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.69 of 2025, under Sections 64, 352, 351(2), 351(3) B.N.S. and 5/6 POCSO Act, Police Station Jhangaha, District Gorakhpur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had subsequently refused to comply with the said promise. 6. 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 seventeen and half years old as her date of birth as per class-Xth certificate is 08.07.2007. The allegations are per se false. 7. Learned counsel for the applicant has further argued that the allegations have been exaggerated by the victim in her statement recorded under Section 183 B.N.S.S. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 10.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no medical corroboration of the incident and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Beeru Goud @ Monu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 9.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad