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2025 DAILYLAW 160419 (ALL)

DEVAAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

BAIL/8051/2025 · 2025-10-09

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8051 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None appears on behalf of informant despite service of notice. 2. The applicant seeks enlargement on bail in FIR No.226 of 2025, under Sections 65(2) BNS and Sections 5M/6 POCSO Act, P.S. Banthra, District Lucknow. 3. Learned counsel for the applicant argues that the FIR in question was lodged alleging that the applicant used to seduce the girl aged about 6 years and allegations are of inserting fingers in her private parts. Learned counsel for the applicant draws my attention to the medical report on record wherein no deformity was detected even in the hymen. In the light of the same it argued that the offence would in the worst case scenario, fall under Section 8 of the POCSO Act. The applicant is aged about 81 years. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Devaan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to Versus Counsel for Applicant(s) : Arshad Siddiqui, Shafaq Fatima, Shailendra Yadav Counsel for Opposite Party(s) : G.A. Devaan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) the satisfaction of 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. October 9, 2025 J. K. Dinkar BAIL No. 8051 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench