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2025 DAILYLAW 162646 (ALL)

MUKESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/8597/2025 · 2025-09-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8597 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dhruvendra Kumar Singh, the learned counsel for the applicant as well as Sri Avishesh Kumar Singh, the learned A.G.A. 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.102 of 2025, under Section 74 B.N.S and Section 7/8 of Protection of Children from Sexual Offences Act, registered at Police Station Rahimabad, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.07.2025 stating that while the informant's daughter was sleeping outside the house along with other family members in the night of 06.07.2025, the applicant caught hold of her and started molesting her, when the informant's daughter cried, the applicant ran away. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case because of of village partybandi and he has no criminal history. 5. The victim has supported the F.I.R allegations in her statements. 6. The victim declined to undergo medico legal examination. 7. The learned A.G.A. has opposed the bail application and he has Versus Counsel for Applicant(s) : Dhruvendra Kumar Singh Counsel for Opposite Party(s) : G.A. Mukesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) submitted that the allegations have been established during investigation and a charge sheet has been submitted on 08.08.2025. He further informed the Court that information of the present application has been delivered to the complainant through police but nobody has appeared to oppose the bail application. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the nature of allegation, which carries maximum sentence of imprisonment upto 5 years and that the applicant is a young man having no criminal history and he is languishing in jail since 09.07.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Mukesh be released on bail in aforementioned 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 11, 2025 Preeti. BAIL No. 8597 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench