SANJAY KUMAR PANDEY @ SANGAM GIRIversusSTATE OF U.P. THROUGH THE SECRETARY AND OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15030 of 2026

Sanjay Kumar Pandey @ Sangam Giri
                                                               .....Applicant(s)
                                    Versus

State Of U.P. Through The Secretary And Others
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                          :    Aarushi Khare
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Ishan Khare, Advocate, holding brief of Ms. Aarushi Khare,
learned counsel for the applicant, Sri J.P. Singh, learned AGA for the State-
respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer
to release him on bail in Case Crime No. 394 of 2023 under Sections 377,
504, 506 IPC and section 6 of POCSO Act registered at Police Station
Kurara, District Hamirpur during pendency of the trial.

3. At the very outset, learned AGA submits that notice has been served
upon the first informant.

4. It has been argued by learned counsel for the applicant that applicant has
been falsely implicated in this case and he has been languishing in jail since
09.11.2023. It is further submitted that medico-legal report of the victim
does not corroborate the allegations of penetrating sexual assault and
unnatural sex being committed with the victim. It is further submitted that
other injuries have been found on the cheeks of the victim which are found
to be simple in nature. It is further submitted that five witnesses have already
been examined by the learned trial court and trial is not likely to conclude in
near future. It is also submitted that the applicant undertakes that he will not
misuse the liberty, if granted. It has also been pointed out that in the wake of
heavy pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
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5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail
to the applicant and submits that applicant does not have a permanent
residence and he keeps on wandering.

6. As per allegations in the FIR, applicant is said to have committed
unnatural sex and penetrating sexual assault on the victim who is aged about
seven years. However, no such injury has been mentioned in the medico-
legal report of the victim which could support the said allegations and rest of
the injuries have been found on the cheek of the victim which are simple in
nature. five witnesses have already been examined by the learned trial court
and the applicant is in jail since 09.11.2023.

7. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I find
it to be a fit case for bail. Hence, the present bail application is ALLOWED.

8. Let the applicant Sanjay Kumar Pandey @ Sangam Giri involved in
the aforesaid case crime be released on bail on his furnishing a personal
bond of Rs. 50,000/- with two sureties (one should be a local resident) 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 not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.

(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
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                                    (vi) The applicant is directed to report in the concerned police station
                                    every week.

                                    9. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    10. It is clarified that anything said in this order is limited to the purpose of
                                    determination of this bail application and will in no way be construed as an
                                    expression on the merits of the case. The trial court shall be absolutely free
                                    to arrive at its independent conclusions on the basis of evidence led
                                    unaffected by anything said in this order.



                                                                                       (Jitendra Kumar Sinha,J.)
                                    May 5, 2026
                                    Madhurima




Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad