MUKHTAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS
BAIL/9262/2025 · 2025-09-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166871 (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. - 9262 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Pankaj Kumar, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0147 of 2025, under Sections 74, 78 of the Bharatiya Nyaya Sanhita, 2023 & 9M/10 of the POCSO Act, registered at Police Station Sadarpur, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.07.2025 stating that while the informant's daughter had gone towards the field for attending the call of nature, the applicant chased her. She ran and fell down. The applicant started molesting her. The victim raised hue and cry thereupon the villagers gathered there and they beat up the applicant. The police was called upon and they took the applicant to the police station. 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 and he has no criminal history. 5. In the statement recorded under Section 180 BNSS, the victim reiterated the version of the F.I.R.
6. The medico-legal examination report of the victim did not reveal any mark of injury or sign of use of force. 7. In the statement recorded under Section 183 BNSS, the victim stated that while she had gone to attend the call of nature near the pond, a person came Versus Counsel for Applicant(s) : Pankaj Kumar Counsel for Opposite Party(s) : G.A. Mukhtar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s)
there in an inebriated condition and started pulling away her clothes. She raised hue and cry and several villagers came there and beaten up the applicant. In this statement, she did not allege that the applicant had chased her and she has fallen down. 8. The learned counsel for the applicant has submitted that the applicant was medically examined but his medical report has not been made part of the case diary. 9. Learned A.G.A.-I has opposed the application and she has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 12.09.2025. 10.
Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant - Mukhtar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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 24, 2025 S. Shivhare BAIL No. 9262 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench