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2025 DAILYLAW 167754 (ALL)

MOHD. SALMAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS

BAIL/9465/2025 · 2025-10-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9465 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Naseem Ahmad and Ms. Noorus Saba, learned counsel for the applicant as well as learned A.G.A. and perused the record. No one appears on behalf of the informant despite service of notice. 2. The applicant seeks enlargement on bail in FIR No.159 of 2025, under Section 65(1), 352, 351(2) of BNS and Section 5/6 of POCSO Act, Police Station Aliganj, District Ambedkar Nagar. 3. The FIR in question was lodged alleging that the daughter of the informant aged about 15 years was called by the applicant and committed wrong on her and had taken inappropriate video. Similar statement was given in the statement under Section 180 of BNSS. It was also stated that the victim was in love with the applicant, however, physical relations were formed against her consent. Similar statement was given under Section 183 of BNSS. The victim refused to undergo medical examination. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the inordinate delay in lodging the FIR; the refusal of the victim to undergo medical examination, huge variance in the statements under Section 180 and 183 of BNSS and the fact that the applicant has no criminal antecedents and is languishing in jail since 02.08.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, Versus Counsel for Applicant(s) : Neeta Tripathi Counsel for Opposite Party(s) : G.A. Mohd. Salman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Opposite Party(s) the bail application is allowed. 6. Let the applicant Mohd. Salman be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 akverma BAIL No. 9465 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench