Allowed

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

Allahabad HC25 Nov 2025BAIL/37143/2025

Case brief

AI extract

What is this about?

Bail application under BNSS Section 483 for an accused charged under various BNS sections and POCSO Act in a case arising from a scuffle after a cricket match. Co-accused were already released on bail. Court found a prima facie case for bail and allowed the application with conditions.

What the court decided

AI extract

Sameer vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37143 of 2025

Sameer

.....Applicant(s)

Versus

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

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Santosh Kumar Tiwari, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Sameer, seeking enlargement on bail in Case Crime No.74 of 2025, under Sections 74, 331(4), 191(2), 191(3), 115(2), 352, 351(3), 109(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 7/8 POCSO Act, Police Station Thuthibari, District Maharajganj, during the pendency of the trial before the Court below.

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Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.07.2025. He next submits that charge-sheet has been filed on 03.09.2025. He further submits that the allegations made in the first information report is false and baseless. The applicant has nothing do with the present case. He further submits that an application was also moved from the side of the applicant to lodge an FIR against the informant but the FIR was not lodged against the informant. The applicant has not outraged the modesty of the daughter of the informant. He further submits that no specific role has been assigned to the applicant. Only some minor scuffle took place between the parties on account of cricket match. He further submits that similarly circumstanced co-accused Salman and Imtiyaj have already been enlarged on bail by a co-ordinate Bench of this Court on

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BAIL No. 37143 of 2025

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12.09.2025 in Criminal Misc. Bail Application No. 27441 of 2025. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Sameer , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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November 25, 2025 CS/-

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(Ashutosh Srivastava,J.)

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

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

Case brief

What is this about?

What the court decided

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

Case brief

What is this about?

What the court decided

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