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2025 DAILYLAW 67522 (ALL)

MONU GAUD v. STATE OF U.P.

BAIL/20818/2025 · 2025-07-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107016 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20818 of 2025 Applicant :- Monu Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dileep Kumar Srivastava, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.415 of 2024, under Sections 137(2), 87 BNS, Police Station- Kaptanganj, District Azamgarh. 3. Contention of learned counsel for the applicant is that though allegation against the applicant in the FIR is that he has enticed away the daughter of first informant but as per the statement of victim recorded under Section 183 BNSS, it is clear that the victim has not made any allegation against the applicant and she herself left her house. She is more than 17 years old. It is further submitted that charge sheet has been filed by the police and there is no requirement for custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 23.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Monu Gaud involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 8.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad