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2025 DAILYLAW 121993 (ALL)

BABLU @ RAJ KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/1257/2025 · 2025-02-10

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8331 Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1257 of 2025 Applicant :- Bablu @ Raj Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Seraj Ahmad Khan,Shafaq Fatima 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. 2. The applicant seeks enlargement on bail in FIR No.494 of 2023, under Sections 377, 342, 352, 504, 506 IPC and Sections 5(m)/ 6 of POCSO Act, Police Station Inayat Nagar, District Ayodhya. 3. This is the second bail application. The first bail application was rejected vide order dated 29.05.2024 passed in Criminal Misc. Bail Application No.4672 of 2024. 4. It is argued that in terms of the direction, the statements of the victim as well as the complainant has been recorded. The complainant has not supported the prosecution story. The statement of the victim has also been recorded, although, he supports the prosecution story, however, the same is not corroborated by the medical on record. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the applicant is in custody since 19.11.2023 and has no criminal history, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Bablu @ Raj Kumar be released on bail in the abovesaid first information report number 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 :- 10.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench