ABHISHEK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
BAIL/435/2025 · 2025-01-17
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117079 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117079 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2920 Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 435 of 2025 Applicant :- Abhishek Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Akashdeep Shukla Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant.
2. The applicant seeks enlargement on bail in FIR No.359 of 2024, under Sections 323, 363, 366, 376 IPC read with Section 3/4 of POCSO Act, Police Station Mohammadi, District Lakhimpur Kheri.
3. It is argued by the Counsel for the applicant that the FIR in question was lodged after about 4 days of the alleged incident. He further draws my attention to the statement under Section 164 of Cr.P.C., wherein, the victim had stated that on the date of the offence, the applicant had taken the victim home and had committed wrong on her. The medical on record prima facie does not indicate any substantial injury, although, the same suggests that there are sign of use of force. However, the facts remain that the statement of the victim has been recorded and the applicant is in custody since 19.05.2024 having no criminal history. It is further argued that the co-accused has been enlarged on bail vide order dated 26.09.2024 passed in Criminal Misc. Bail Application No.10187 of 2024.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the delay in lodging the FIR and the averments recorded above coupled with the fact that the applicant is languishing in jail since 19.05.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
6. Let the applicant Abhishek be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the
satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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.
Order Date :- 17.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench