MOHAMMAD ZAFAR SIDDIQUI @ MOHAMMAD ZAFAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
BAIL/6339/2025 · 2025-09-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150241 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150241 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6339 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Lalit Kishore Tiwari, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, learned AGA-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 112/2025, under Sections 60/ 72/ 238 of B.N.S. and 21/23 POCSO Act and 67-A of I.T. Act, Police Station Kunda, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.05.2025 against a solitary named accused person Shiv Karan Sahu, stating that the named accused is driver of a school van and he sexually assaulted the informant's daughter who studies in Lower K.G.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case being Principal of the school and he has no criminal history. 5. The State has filed a counter affidavit annexing therewith the copies of the material collected during investigation. In the Versus Counsel for Applicant(s) : Shishir Srivastava, Lalit Kishore Tiwari, Syed Zulfiqar Husain Naqvi Counsel for Opposite Party(s): G.A. Mohammad Zafar Siddiqui @ Mohammad Zafar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others .....Opposite Party(s)
statement of the victim recorded under Section 180 B.N.S.S., she stated that the driver had hit upon her lower portion of the body and forbidden her to tell it to any person. 6. The medico legal examination report mentions that the van driver had put his finger in vagina of the child. 7. Learned AGA has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
05.06.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the that even as per the prosecution case, the offence was committed by a van driver whereas the applicant is the Principal of the school, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 04.05.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Mohammad Zafar Siddiqui @ Mohammad Zafar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 18, 2025 Pradeep/- BAIL No. 6339 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench