ANKIT KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/6303/2025 · 2025-07-08
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 150071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150071 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38678
Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6303 of 2025 Applicant :- Ankit Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State who on the basis of written instructions submits that the complainant has been served, however, none appears for respondent No.2, and perused the record. It is alleged in the prosecution case that minor daughter of the complainant aged about 18 years has been molested by the accused applicant on 12.2.2022 at about 5.00p.m.
Learned counsel for the applicant submits that the applicant has been falsely implicated due to enmity. The applicant has explained criminal history of six cases in para 21 of the bail application. The applicant is in jail since 29.5.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail and has submitted that the victim has supported the prosecution case and she is minor as per her school certificate. Considering the facts and circumstances of the case, including the fact that the applicant has explained criminal history of six cases, the first information report has been lodged after delay of four days, the victim has not suffered any injury, either internal or external, variance in the statements of the victim of occurrence under sections 161 and 164 CrPC, according to the own statement of victim, she is major, arguments advanced by
learned counsel for the parties, the applicant is in jail since 29.5.2025, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail
application is allowed. Let the applicant Ankit Kumar, involved in Case Crime No.33 of 2022 under sections 452, 354 I.P.C., 7/8 POCSO Act, P.S. Bighapur, district Unnao, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case.
Order Date :- 8.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench