Sonu Vs State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17401 of 2025

Sonu

.....Applicant(s)

Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Sandeep Kumar Singh
Counsel for Opposite Party(s) :	G.A.

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Court No. - 70

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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It has been reported vide office report dated 08.07.2025 that notice issued to the opposite party no.2 has been served personally, but no one appears for the informant.

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Supplementary affidavit filed by learned counsel for the applicant and counter affidavit filed by State today in the Court are taken on record.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant submits that the allegation against the applicant is that the applicant and the co-accused Raju entered into the house of informant and started abusing her daughter and the applicant has outraged the modesty of her minor daughter. Learned counsel for the applicant argued that the victim is aged about 17 years. Her statement under Sections 180 and 183 were intact but the same do not corroborate with the medical report. Learned counsel has drawn attention of this Court the order sheets of the case, copy of which is annexed as Annexure-SA1 to the supplementary affidavit and argued that vide order dated 27.01.2025 charge has been framed against the applicant and the coaccused Raju and thereafter several dates were fixed by the trial Court for adducing of testimony of P.W.1 but the P.W.1 is not appearing before the trial Court as a result of which, summons and bailable warrants have been issued against the P.W.1-informant. It is thus contended that on one hand, the applicant has been falsely implicated in the present case, whereas on the other hand the informant is lingering on the trial and therefore the applicant may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make

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BAIL No. 17401 of 2025

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2

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himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 11.08.2024.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant Sonu involved in Case Crime No. 195 of 2024 under Sections 333, 324(4), 352, 75, 115(2), 351(2) OF B.N.S., and Section 7/8 of POCSO Act, Police Station Chhaprauli, District Baghpat, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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The bail application is allowed.

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(Dr. Gautam Chowdhary,J.)

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September 16, 2025 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Sonu v. State of U.P. and 3 Others

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Sonu v. State of U.P. and 3 Others

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